COMMISSIONER OF INTERNAL REVENUE v. FERREE

No. 6005.

84 F.2d 124 (1936)

COMMISSIONER OF INTERNAL REVENUE v. FERREE.

Circuit Court of Appeals, Third Circuit.

May 29, 1936.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and Howard P. Locke and Sewall Key, Sp. Assts. to the Atty. Gen., for appellant.

John J. Dougherty and John M. Marshall, both of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

In this case the majority of the Tax Board held with the taxpayer that he had a deductible loss in 1929. The minority held otherwise. Both sides filed enlightening opinions. We agree with the majority, and our reasons for so holding we now set forth.

Ferree, the petitioner, owned 1,000 shares of Continental Can, purchased in August, 1929, the certificates of which he kept in a safety deposit box. On December 19, 1929, he sold, through...

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