COMMISSIONER OF INT. REV. v. ELECTRO-CHEMICAL E. CO.

No. 221.

110 F.2d 614 (1940)

COMMISSIONER OF INTERNAL REVENUE v. ELECTRO-CHEMICAL ENGRAVING CO., Inc.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted June 3, 1940.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Arthur A. Armstrong, Sp. Assts. to Atty. Gen., for the Commissioner of Internal Revenue.

Barron, Rice & Rockmore, of New York City (Bernard S. Barron, of New York City, of counsel), for respondent Electro-Chemical Engraving Co., Inc.

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


Writ of Certiorari Granted June 3, 1940. See 60 S.Ct. 1097, 84 L.Ed. ___.

AUGUSTUS N. HAND, Circuit Judge.

The question before us is whether a loss sustained by the taxpayer Electro-Chemical Engraving Co., Inc., through a sale of its factory by foreclosure should be limited to $2,000 by reason of Section 117 (d) of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev. Acts, instead of being deductible to the extent of the excess of the adjusted basis over the amount...

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