BONYNGE v. HELVERING

No. 74.

117 F.2d 157 (1941)

BONYNGE v. HELVERING, Com'r of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

January 27, 1941.


Attorney(s) appearing for the Case

LeRoy B. Iserman, of New York City, for petitioner.

Ellis N. Slack, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Louise Foster, Sp. Assts. to Atty. Gen., for respondent.

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


PER CURIAM.

This case turns upon the question when a taxpayer must claim the deduction of a worthless debt from his gross income under § 23(k) of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 673. The taxpayer held a note of his son which became altogether uncollectible during the year 1934, though it was not due until the next year. Supposing that he could not deduct the loss before the note fell due, the taxpayer did not deduct it in 1934. The Commissioner...

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