BENJAMIN v. COMMISSIONER OF INTERNAL REVENUE

No. 225.

70 F.2d 719 (1934)

BENJAMIN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

April 30, 1934.


Attorney(s) appearing for the Case

William R. Conklin and Edward S. Bentley (Edward S. Bentley, of New York City, of counsel), both of New York City, for petitioner.

Frank J. Wideman, Asst. Atty., Gen., and Sewall Key and Carlton Fox, Sp. Assts. to Atty. Gen., for respondent.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

This petition seeks a review of a decision of the Board of Tax Appeals involving a deficiency in petitioner's income tax for the year 1926. The question presented is whether a deductible loss occurred in the taxable year of 1926 or 1927 on the cost of 7,318 shares of common stock of the Standard Soapstone Corporation. Revenue Act of 1926, c. 27, §§ 204, 214, 44 Stat. 9, 14, 26 (26 USCA §§ 935, 955).

The corporation mined soapstone...

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