PEABODY COAL CO. v. UNITED STATES

No. 42024.

8 F.Supp. 845 (1934)

PEABODY COAL CO. v. UNITED STATES.

Court of Claims.

November 5, 1934.


Attorney(s) appearing for the Case

Hopkins, Sutter, Halls & De Wolfe, of Chicago, Ill., for plaintiff.

James A. Cosgrove, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen. (Elizabeth B. Davis, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.


LITTLETON, Judge.

The question involved in this case is whether a stockholder in a corporation who finds it necessary to surrender a part of his stock to bankers without receiving in return therefor at the time any tangible or definite consideration of determinative value, in order to induce such bankers to refinance the corporation or furnish the required capital for its continued operation, is entitled to a deduction of the amount of the cost of the stock so surrendered...

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