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ROSING v. CORWIN

No. 193.

88 F.2d 415 (1937)

ROSING v. CORWIN.

Circuit Court of Appeals, Second Circuit.

March 1, 1937.

Attorney(s) appearing for the Case

Lester M. Friedman, of New York City (Jacob I. Berman, of New York City, of counsel), for appellant.

Robert H. Jackson, Asst. Atty. Gen., Sewall Key and J. Leonard Lyons, Sp. Assts. to Atty. Gen., and Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y., for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

In his income tax return for 1929, appellant deducted $2,900 as a worthless debt owed him by the American Illuminating Company, and $9,000 representing his stock investment in that company which is claimed to have become worthless in 1929. The Commissioner allowed the former deduction and disallowed the deduction for worthless stock. The tax was paid under protest, and this suit followed. It was tried...

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