PHIPPS v. HELVERING

No. 7759.

124 F.2d 292 (1941)

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

United States Court of Appeals for the District of Columbia.

December 8, 1941.


Attorney(s) appearing for the Case

Mr. David A. Reed, of Pittsburgh, Pa., for petitioner.

Mr. Edward Hopkins Hammond, Sp. Asst. to the Atty. Gen., with whom Messrs. Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., all of the Department of Justice, were on the brief, for respondent. Messrs J. P. Wenchel, Chief Counsel, and John M. Morawski, Sp. Atty., both of the Bureau of Internal Revenue, of Washington, D. C., also entered appearances for the respondent.

Before MILLER, VINSON, and EDGERTON, Associate Justices.


VINSON, Associate Justice.

This case raises a question of deductible loss under Section 23(e) of the 1932 Revenue Act, 26 U.S.C.A. Int.Rev.Acts, page 490, which provides, inter alia, that an individual may deduct from his gross income, losses incurred in trade or business, or incurred in any transactions entered into for profit.1 The Commissioner and the Board of Tax Appeals did not allow a deduction...

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