LUDWIG v. COMMISSIONER OF INTERNAL REVENUE

Nos. 41, 42.

124 F.2d 320 (1941)

LUDWIG v. COMMISSIONER OF INTERNAL REVENUE. DUTCHER v. SAME.

Circuit Court of Appeals, Second Circuit.

December 22, 1941.


Attorney(s) appearing for the Case

Roswell S. Nichols and Leonard Belford, both of New York City, for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Sherley Ewing, Sp. Assts. to Atty. Gen., for respondent.

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


SWAN, Circuit Judge.

These appeals present a single question: Whether the taxpayer's stock in a New Jersey corporation became worthless in the year 1937 so as to entitle him to take the cost thereof as a deductible loss under section 23(e) (2) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Code, § 23(e) (2). The Board sustained the commissioner's denial of such deduction.

There is no dispute as to the evidentiary...

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