MACK v. COMMISSIONER OF INTERNAL REVENUE

No. 242.

129 F.2d 598 (1942)

MACK v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

July 7, 1942.


Attorney(s) appearing for the Case

Jones, Clark & Higson, of New York City (Francis D. Higson, of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Robert R. Barrett, Sp. Assts. to the Atty. Gen., for respondent.

Before SWAN, CHASE, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

The deficiency in dispute resulted from the disallowance by the commissioner of a deduction of $41,600 claimed in the taxpayer's 1937 return as an ordinary loss, deductible under section 23 (e) (2) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev. Code § 23 (e) (1), in respect to 416 shares of preferred stock of William B. Nichols & Co. This corporation was engaged in the business of industrial management and engineering. Its income was...

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