H. D. LEE MERCANTILE CO. v. COMMISSIONER OF INTERNAL REV.

No. 1181.

79 F.2d 391 (1935)

H. D. LEE MERCANTILE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

August 26, 1935.


Attorney(s) appearing for the Case

J. B. Grice, of Washington, D. C., for petitioner.

Arnold Raum, Sp. Asst. to the Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., on the brief), for respondent.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

In its return of income for 1927, petitioner deducted $42,688.91 as a business loss. The Commissioner disallowed it and the Board of Tax Appeals affirmed. The circumstances are these:

In 1919 petitioner ordered 500,000 yards of cloth from Woodward, Baldwin & Co., for delivery between March and September, 1920, at 39½ cents a yard. Thirty thousand yards were delivered in April, 1920, made up into clothing and paid for. Petitioner...

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