COMMISSIONER OF INTERNAL REVENUE v. DYER

No. 124.

74 F.2d 685 (1935)

COMMISSIONER OF INTERNAL REVENUE v. DYER.

Circuit Court of Appeals, Second Circuit.

January 14, 1935.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and James W. Morris and Lucius A. Buck, Sp. Assts. to Atty. Gen., for petitioner.

H. B. McCawley and Warren W. Grimes, both of Washington, D. C., for respondent.

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


SWAN, Circuit Judge.

For each of the years in question the Commissioner disallowed a deduction claimed by the taxpayer as a loss sustained on a sale of shares of stock, and determined a tax deficiency. Upon appeal by the taxpayer, the Board of Tax Appeals held that the losses were proper deductions and reduced the deficiencies accordingly. The Commissioner seeks a reversal of this order. The case was heard by the Board upon stipulated facts.

In 1927 the respondent...

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