SHAW v. COMMISSIONER OF INTERNAL REVENUE

No. 7170.

117 F.2d 587 (1941)

SHAW v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

January 29, 1941.


Attorney(s) appearing for the Case

E. G. Ince and Robert McDougal, Jr., both of Chicago, Ill., for petitioner.

J. P. Wenchel, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen., for respondent.

Before EVANS, TREANOR, and KERNER, Circuit Judges.


EVANS, Circuit Judge.

Petitioner asks that a loss of $9,027, which he suffered in the year 1935, be treated as a bad debt in determining his income tax for that year. Respondent argues that the loss was a "capital loss," not a "bad debt," and should be deducted from petitioner's income as the statute prescribes in the case of a capital loss. The Board of Tax Appeals sustained the Commissioner and found, against petitioner's rather persuasive argument, that his loss...

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