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COMMISSIONER OF INTERNAL REVENUE v. ROBINSON

No. 7819.

103 F.2d 1009 (1939)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Fred J. ROBINSON, Respondent.

Circuit Court of Appeals, Sixth Circuit.

April 12, 1939.

Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., and J. P. Wenchel, Sewall Key, and Chester A. Gwinn, Sp. Assts. to Atty. Gen., for petitioner.

Albert M. Colegrove and Yerkes, Goddard & McClintock, all of Detroit, Mich., for respondent.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

PER CURIAM.

Upon petition to review a decision of the Board of Tax Appeals holding that shares of stock owned by the taxpayer on December 30th, 1930, ordered sold through a broker on that date and sold by the broker on December 31st, 1930, for less than their cost to the taxpayer identified a loss to the taxpayer recognizable in 1930 even though the shares were not delivered until January 3d, 1931, we have the same question decided by us in Huntington National Bank...

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