POLIN v. COMMISSIONER OF INTERNAL REVENUE

No. 7268.

114 F.2d 174 (1940)

POLIN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

August 12, 1940.


Attorney(s) appearing for the Case

George E. H. Goodner, of Washington, D. C., for petitioner.

Howard D. Pack, of Washington, D. C., for respondent.

Before MARIS, CLARK, and JONES, Circuit Judges.


JONES, Circuit Judge.

The question in this case is whether an admitted loss suffered by a taxpayer was an ordinary loss for which he may claim deduction in full in his income tax return or whether it was a loss incurred in the sale or exchange of a capital asset for which his right to deduction is limited under the applicable Revenue Act.

In 1922 the petitioner and three associates purchased, as tenants in common, a piece of valuable real estate, located in...

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