HIRSCH v. COMMISSIONER OF INTERNAL REVENUE

No. 7383.

115 F.2d 656 (1940)

HIRSCH v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

November 25, 1940.


Attorney(s) appearing for the Case

Isidore Brown and Albert Langeluttig, both of Chicago, Ill., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and J. P. Wenchel, Bureau of Internal Revenue, of Washington, D. C., for respondent.

Before MAJOR and KERNER, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Petitioner seeks review of a decision of the Board of Tax Appeals wherein the latter sustained the Commissioner's determination of a deficiency in petitioner's income tax for the year 1936 upon the theory that a voluntary reduction of mortgage indebtedness in the sum of $7,000 constituted income to petitioner.

Petitioner in 1928 purchased certain real estate for $29,000, paying $10,000 in cash and assuming a mortgage indebtedness of...

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