COMMISSIONER OF INTERNAL REVENUE v. KITSELMAN

No. 6022.

89 F.2d 458 (1937)

COMMISSIONER OF INTERNAL REVENUE v. KITSELMAN.

Circuit Court of Appeals, Seventh Circuit.

April 12, 1937.


Attorney(s) appearing for the Case

Robert H. Jackson, Asst. Atty. Gen., and Sewall Key and Maurice J. Mahoney, Sp. Assts. to Atty. Gen., for petitioner.

J. Murray Chenoweth, of Muncie, Ind., for respondent.

Before EVANS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.


EVANS, Circuit Judge.

This appeal raises the question of the deductibility of a loss claimed to have been allegedly sustained by a bondholding taxpayer in the alleged reorganization of a company with outstanding bonds. The taxpayer exchanged defaulted railroad mortgage bonds for a credit and stocks and bonds in a new company formed to receive the assets of the debtor company, which were purchased at a sale on the foreclosure of the mortgage which secured the taxpayer...

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