COMMISSIONER OF INTERNAL REVENUE v. WINTHROP

No. 306.

98 F.2d 74 (1938)

COMMISSIONER OF INTERNAL REVENUE v. WINTHROP.

Circuit Court of Appeals, Second Circuit.

July 12, 1938.


Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., and Sewall Key and L. W. Post, Sp. Assts. to Atty. Gen., for petitioner.

Rollin Browne, George H. Craven, and Kenneth W. Gemmill, all of New York City, for respondent.

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


SWAN, Circuit Judge.

The issue presented by this petition is whether a capital loss was sustained by the taxpayer in the year 1932, as the Board ruled, or in 1934, as the Commissioner contends. The loss resulted from the liquidation of Lackawanna Securities Company, a Delaware corporation, of whose capital stock the taxpayer owned 4,500 shares. This corporation had been organized to acquire and hold an issue of bonds of Glen Alden Coal Company; and said bonds and...

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