MAHLER v. COMMISSIONER OF INTERNAL REVENUE

No. 159.

119 F.2d 869 (1941)

MAHLER et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

May 19, 1941.


Attorney(s) appearing for the Case

Harry Friedman, of New York City, for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and F. E. Youngman, Sp. Assts. to the Atty. Gen., for respondent.

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


SWAN, Circuit Judge.

This proceeding involves deficiencies in income taxes of the petitioners for the years 1934 and 1935, for each of which they filed a joint return. The principal question is whether they are entitled to deduct as a loss sustained during either of those years the cost of certain shares of preferred and common stock of Middle West Utilities Company previously purchased by them. Benjamin Mahler owned 1,300 shares of common stock having a cost basis...

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