ROSENTHAL v. HELVERING

No. 64.

124 F.2d 474 (1941)

ROSENTHAL et al. v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

December 30, 1941.


Attorney(s) appearing for the Case

William B. Markovits, of Middletown, N. Y., for petitioners.

Newton K. Fox, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to the Atty. Gen., for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This case comes before us on a petition to review an order of the Board of Tax Appeals, assessing a deficiency in income tax for the year 1936 against the petitioners, who filed a joint return as husband and wife. The only question is whether the husband, whom we shall speak of as the taxpayer, was entitled under § 23(k) of the Revenue Act of 1936, 26 U.S.C.A. Int. Rev. Acts, page 828, to deduct a "bad debt" in the year in question. He...

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