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NEUBERGER v. COMMISSIONER

No. 5.

311 U.S. 83 (1940)

NEUBERGER v. COMMISSIONER OF INTERNAL REVENUE.

Supreme Court of United States.

Decided November 12, 1940.

Attorney(s) appearing for the Case

Mr. Wilbur H. Friedman, with whom Mr. Jacob P. Aronson was on the brief, for petitioner.

Mr. J. Louis Monarch, with whom Solicitor General Biddle, Assistant Attorney General Clark, and Mr. Maurice J. Mahoney were on the brief, for respondent.

MR. JUSTICE MURPHY delivered the opinion of the Court.

Petitioner, a resident of New York, was a member of the New York Stock Exchange. He was engaged in the business of trading in securities on the floor of the Exchange for the partnership of Hilson & Neuberger, of which he was a member, executing orders on behalf of customers of the partnership. In addition he made numerous purchases and sales of securities for his own account.

During the year 1932,...

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