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MIDLAND MUT. LIFE INS. CO. v. COMMISSIONER OF INT. REV.

No. 7001.

83 F.2d 629 (1936)

MIDLAND MUT. LIFE INS. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

May 6, 1936.

Attorney(s) appearing for the Case

Earl F. Morris, of Columbus, Ohio, and Edw. W. Merkel, of Cincinnati, Ohio (F. J. Wright, of Columbus, Ohio, Joseph C. Dinsmore, of Cincinnati, Ohio, Arnold, Wright, Purpus & Harlor and Richard H. LeFevre, all of Columbus, Ohio, and Dinsmore, Shohl, Sawyer & Dinsmore, of Cincinnati, Ohio, on the brief), for petitioner.

Helen R. Carloss, of Washington, D. C. (Frank J. Wideman, Sewall Key, Norman D. Keller, and Louise Foster, all of Washington, D. C., on the brief), for respondent.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The sole question involved in this review is whether accrued interest on defaulted loans secured by mortgages constitutes taxable income to the mortgagee by virtue of its having bid in the properties at foreclosure sales for the debts and interest, when the fair market value of the properties was less than the bids. The respondent made a determination of a deficiency in the petitioner's computation of net taxable income for 1930 by adding to...

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