KEENEY v. COMMISSIONER OF INTERNAL REVENUE

No. 11.

116 F.2d 401 (1940)

KEENEY v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 23, 1940.


Attorney(s) appearing for the Case

Llewellyn A. Luce, of Washington, D. C. (William J. Byrne, of Washington, D. C., of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Norman D. Keller, S. Dee Hanson, and L. W. Post, Assts. to Atty. Gen., for respondent.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

In his income tax return for 1933 the taxpayer claimed a deduction of $100,000 as a loss sustained by reason of his stock in Florida Jockey Club, Inc., becoming worthless in that year. The Commissioner disallowed the loss, and determined a tax deficiency of $10,730.59, which the Board has confirmed. The issue presented by this appeal is whether the Board's finding that the stock became worthless prior to 1933 is supported by substantial evidence...

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