SWEET v. COMMISSIONER OF INTERNAL REVENUE

No. 3676.

120 F.2d 77 (1941)

SWEET et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

May 29, 1941.


Attorney(s) appearing for the Case

John T. Noonan and Herrick, Smith, Donald & Farley, all of Boston, Mass. (Oscar A. Schlaikjer and Conrad W. Oberdorfer, both of Boston, Mass., of counsel), for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Warren F. Wattles, Sp. Assts. to Atty. Gen., for the Commissioner of Internal Revenue.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAGRUDER, Circuit Judge.

This is an unusual petition, wherein the taxpayers have taken heart from a recent decision of the Supreme Court and seek to reopen an old tax case which was decided against them in 1939. Able briefs have been filed in favor of and in opposition to the petition.

In their joint return for the calendar year 1933 the petitioner Maude W. Sweet and her husband, since deceased, deducted the net losses sustained by the wife upon sales and...

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