HANLIN v. COMMISSIONER OF INTERNAL REVENUE

Nos. 7069, 7070, 7065, 7074.

108 F.2d 429 (1939)

HANLIN et al. v. COMMISSIONER OF INTERNAL REVENUE, and three other cases.

Circuit Court of Appeals, Third Circuit.

November 27, 1939.


Attorney(s) appearing for the Case

W. A. Seifert, W. W. Booth, Joseph G. Robinson, and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for petitioners at No. 7069 and respondents at No. 7070.

William Wallace Booth and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for taxpayers.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Newton K. Fox, Sp. Assts. to Atty. Gen., for the Commissioner.

Before BIGGS, MARIS, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

The complex details of the principal case at bar (Hanlin, Nos. 7069, 7070) have been well summarized by the editors of the Harvard Law Review in their comment upon the decision of the Board of Tax Appeals. The writer of this opinion cites it in a spirit of accuracy and loyalty:

"Section 118(a) of the Revenue Act of 1932 provides: `In the case of any loss claimed to have been sustained from any...

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