AMERICAN DENTAL CO. v. COMMISSIONER OF INTERNAL REV.

No. 7847.

128 F.2d 254 (1942)

AMERICAN DENTAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

May 15, 1942.


Attorney(s) appearing for the Case

James A. O'Callaghan, of Chicago, Ill., for petitioner.

J. P. Wenchel and Vernon F. Weekley, both of Washington, D. C., Bur. of Int. Rev., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Newton K. Fox, Sp. Asst. Attys. Gen., for respondent.

Before MAJOR, KERNER, and MINTON, Circuit Judges.


MINTON, Circuit Judge.

The petitioner has appealed from a decision of the Board of Tax Appeals confirming the Commissioner's determination of a deficiency in petitioner's income tax for 1937. The question we are confronted with at the threshold is whether the cancellation of certain indebtedness owed by the petitioner in the amount of $19,234.21 constituted taxable income.

In December, 1933 petitioner was indebted to its landlord for past-due rent in the sum...

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