SALMON v. COMMISSIONER OF INTERNAL REVENUE

No. 12.

126 F.2d 203 (1942)

SALMON et ux. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

February 28, 1942.


Attorney(s) appearing for the Case

Ellsworth C. Alvord, Floyd F. Toomey and Karl Riemer, all of Washington, D. C., for petitioners.

Carlton Fox, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to the Atty. Gen., for respondent.

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


PER CURIAM.

The question here is whether the petitioners — more strictly the husband — shall be allowed under § 23(e) (1) or (2) of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Code, § 23 (e) (1, 2), to take as deductions from their gross income certain payments made in the years 1934 and 1935; in other words whether the payments were losses "incurred in trade or business," or "incurred" in a "transaction entered into for profit." The taxpayer...

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