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SNYDER v. COMMISSIONER OF INTERNAL REVENUE

No. 5419.

73 F.2d 5 (1934)

SNYDER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 24, 1934.

Attorney(s) appearing for the Case

Henry M. Ward, of Washington, D. C., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., Lucius A. Buck, of Washington, D. C., and J. P. Jackson and Sewall Key, Sp. Assts. to Atty. Gen., for respondent.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

The Commissioner of Internal Revenue found a deficiency tax against Snyder arising out of marginal transactions in the year 1928 which were similar in character to marginal transactions of the same taxpayer in 1925 on which this court passed in Snyder v. Commissioner, 54 F.2d 57. The Commissioner claims the decision in that case is res judicata of the matter raised on the present petition. Although the law...

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