UNITED STATES v. CHINOOK INV. CO.

No. 10324.

136 F.2d 984 (1943)

UNITED STATES v. CHINOOK INV. CO.

Circuit Court of Appeals, Ninth Circuit.

July 9, 1943.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. U. S. Atty. Gen., Sewall Key, Willard H. Pedrick, and Helen Goodner, Sp. Assts. to Atty. Gen., and Carl C. Donaugh, U. S. Atty., and James H. Hazlett, Asst. U. S. Atty., both of Portland, Or., for appellant.

S. J. Bischoff and Robert T. Jacob, both of Portland, Or., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The primary question here is whether losses sustained by appellee taxpayer in the years 1936 and 1937 were losses from the sale of "capital assets," as that term is defined in § 117(b) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 874.

Appellee was organized under the laws of Oregon "to own, buy, sell, or to acquire by sale, trade or exchange," bonds, stocks, and other securities, and to exercise while the owner thereof...

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