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SEHTAM CORPORATION v. COMMISSIONER OF INTERNAL REV.

No. 67.

125 F.2d 655 (1942)

SEHTAM CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

Decided February 2, 1942.

Attorney(s) appearing for the Case

O'Connor & Farber, of New York City (Basil O'Connor and William F. Snyder, both of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Morton K. Rothschild, Sp. Assts. to the Atty. Gen., for respondent.

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

SWAN, Circuit Judge.

This litigation involves a dispute as to the correct cost basis to the petitioner of securities sold by it at a profit during its fiscal year ending August 31, 1936. There is no controversy as to the facts. Prior to the year 1933 James M. Mathes and his wife purchased certain securities at a cost of about $7,300. In September 1933, when these securities had a market value of approximately $55,000, Mr. and Mrs. Mathes formed a partnership

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