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COMMISSIONER OF INTERNAL REVENUE v. BOOKSTEIN

Nos. 8629, 8628.

123 F.2d 996 (1941)

COMMISSIONER OF INTERNAL REVENUE v. BOOKSTEIN (two cases).

Circuit Court of Appeals, Sixth Circuit.

December 3, 1941.

Attorney(s) appearing for the Case

William Cary, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and John J. Pringle, Jr., Sp. Assts. to Atty. Gen., on the brief), for petitioner.

Harry H. Meisner, of Detroit, Mich. (Ivan I. Meisner, of Detroit, Mich., on the brief), for respondents.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

Upon the determination and assessment of a deficiency by the Commissioner in taxes of the respondents for the calendar year 1934, the question arose whether, as in Helvering v. Hammel, 6 Cir., 108 F.2d 753, reversed 311 U.S. 504, 61 S.Ct. 368, 85 L.Ed. 303, 131 A.L.R. 1481, a loss sustained by the taxpayers through the foreclosure of...

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