EATON v. COMMISSIONER OF INTERNAL REVENUE

No. 7855.

95 F.2d 628 (1938)

EATON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

March 19, 1938.


Attorney(s) appearing for the Case

Perry W. Shrader and Cecil H. Haas, both of Kansas City, Mo., and Chas. M. Frey, of San Francisco, Cal., for petitioner.

James W. Morris, Asst. U. S. Atty. Gen., and Sewall Key, Berryman Green, and Ellis N. Slack, Sp. Assts. to the Atty. Gen., for respondent.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

In a former opinion, 9 Cir., 81 F.2d 332, 334, we remanded this proceeding to the Board of Tax Appeals, with instructions that the Board make "a specific finding on the question of whether or not the loss incurred by the taxpayer was incurred in the course of his trade or business," and we further directed "that a specific finding be made on the question of whether or not the taxpayer at the time he purchased...

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