DE COPPET v. HELVERING

No. 88.

108 F.2d 787 (1940)

DE COPPET v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

January 15, 1940.


Attorney(s) appearing for the Case

Elden McFarland, of Washington, D. C., and G. A. Donohue, of New York City, for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.


L. HAND, Circuit Judge.

The question on which this appeal turns is whether one of the taxpayers, the husband, should have been allowed to deduct as a loss in 1933, the cost of his interest in certain shares of stock in the Continental Corporation, a New York corporation organized in 1929, which was wound up without assets in 1933. He claimed the deduction under § 23(e) (2) of the Revenue Act of 1932, 26 U.S.C.A. § 23 (e) (2), as a one, "incurred in" a "transaction...

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