COMMISSIONER OF INTERNAL REVENUE v. GRIFFITHS

No. 6752.

103 F.2d 110 (1939)

COMMISSIONER OF INTERNAL REVENUE v. GRIFFITHS.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 15, 1939.


Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., and J. Louis Monarch, Joseph M. Jones, Sewall Key, J. P. Wenchel, Charles H. Curl, and Ellis N. Slack, Sp. Assts. to Atty. Gen., for petitioner.

Delbert A. Clithero, Herman A. Fischer, and Carlton L. Fischer, all of Chicago, Ill., for respondent.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.


MAJOR, Circuit Judge.

This is a petition for review of a decision of the United States Board of Tax Appeals, entered March 21, 1938, denying a deficiency of $40,913.31 as determined by the Commissioner in respondent's income tax for 1933.

The facts, as found by the Board, and not in dispute, are as follows: In 1926, respondent purchased from or through Robert D. Lay at a cost of $100,000, 5,000 shares of the capital...

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