SIMONS, Circuit Judge.
The appellant sued the Commissioner of Internal Revenue to recover an alleged overpayment of income taxes for the year 1936, the deficiency leading to the assessment and payment resulting from the disallowance by the Commissioner of a deduction by the taxpayer for a loss claimed to have been suffered upon the purchase and sale of corporate stock in the tax year, and constituting a capital loss governed by §§ 23 and 117(a) of the Revenue...
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