KRAUS v. COMMISSIONER OF INTERNAL REVENUE

No. 232.

88 F.2d 616 (1937)

KRAUS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

March 8, 1937.


Attorney(s) appearing for the Case

Henry P. Molloy, of New York City (Melvin J. France, of New York City, of counsel), for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Harry Marselli, Sp. Assts. to the Atty. Gen., for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

The dispute between the petitioner and respondent concerns only the proper cost basis of the stock sold. The petitioner insists that it should be at the average cost per share of his holdings acquired throughout the years up to the time of sale while the respondent applied the first in, first out rule in determining the deficiency. Article 58 of Reg. 74.

It may be taken as established that if the petitioner...

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