MESSENGER CORPORATION v. SMITH

No. 8208.

136 F.2d 172 (1943)

MESSENGER CORPORATION v. SMITH, Collector of Internal Revenue.

Circuit Court of Appeals, Seventh Circuit.

June 8, 1943.


Attorney(s) appearing for the Case

William B. Waldo, and Samuel O. Clark, Jr., Asst. Attys. Gen., Sewall Key and A. F. Prescott, Sp. Assts. to Atty. Gen., Alexander M. Campbell, U. S. Atty., of Fort Wayne, Ind., and Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., for appellant.

James M. Barrett, Jr., Phil M. McNagny, Leigh L. Hunt, and Barrett, Barrett & McNagny, all of Fort Wayne, Ind., for appellee.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

Whether an asserted loss was a deductible income tax loss or a capital expenditure is the issue. The taxpayer filed suit for a refund and the District Court found in its favor, granting judgment for $12,927.30 and interest. The Government appeals.

In March, 1937, plaintiff executed a contract with a broker whereby the latter was to effect the conversion of plaintiff's debentures into its common stock. Plaintiff agreed to, and immediately...

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