AMERICAN CIGARETTE & CIGAR CO. v. BOWERS

No. 45.

92 F.2d 596 (1937)

AMERICAN CIGARETTE & CIGAR CO. v. BOWERS.

Circuit Court of Appeals, Second Circuit.

November 8, 1937.


Attorney(s) appearing for the Case

Robert H. Montgomery, of New York City (Thomas G. Haight, of Jersey City, N. J., and James O. Wynn and George G. Blattmachr, both of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (Malcolm A. Crusius, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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


L. HAND, Circuit Judge.

The question on which this action depends is the propriety of a deduction which the plaintiff sought to take from its gross income in computing its net income for the year 1924. It had been the holder of 48% of the shares of the Havana Tobacco Company, which owned all the shares of Cabanas y Carabajal and of J. S. Murias y Ca., both cigar manufacturers in Havana. The plaintiff had lent large sums to J. S. Murias y Ca., and was its only creditor...

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