QUINN v. COMMISSIONER OF INTERNAL REVENUE

No. 9360.

111 F.2d 372 (1940)

QUINN et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 11, 1940.


Attorney(s) appearing for the Case

Muckleroy McDonnold, of San Antonio, Tex., for petitioners.

Newton K. Fox and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Irving M. Tullar, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondents.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This petition involves the right of petitioners to deduct, in their 1936 income-tax return, (1) a debt alleged to have been ascertained to be worthless, and charged off during the taxable year, and (2) a payment claimed to have been made for professional services, deductible as an ordinary and necessary business expense.

On the first question, the undisputed facts show that the taxpayer was engaged in buying and selling securities, and...

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