BURDAN v. COMMISSIONER OF INTERNAL REVENUE

No. 7010.

106 F.2d 207 (1939)

BURDAN et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

August 8, 1939.


Attorney(s) appearing for the Case

Harold D. Saylor, of Philadelphia, Pa., and W. Louis Bossle, of Camden, N. J., for petitioners.

James W. Morris, Asst. Atty. Gen., Sewall Key and J. Louis Monarch, Sp. Asst. Attys. Gen., and Harold Leventhal, of Washington, D. C., for respondent.

Before MARIS, CLARK, and BIDDLE, Circuit Judges.


MARIS, Circuit Judge.

The petitioners, executors of the estate of C. C. Burdan, seek a review of the decision of the Board of Tax Appeals determining a deficiency in the decedent's income tax for the year 1933 in the amount of $10,869.74. They assign as error the ruling of the Board that the taxpayer had not proved that he sustained a deductible loss in 1933 and the refusal of the Board to direct a rehearing to permit the petitioners to present newly discovered evidence...

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