ELJER CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 8037.

134 F.2d 251 (1943)

ELJER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided February 24, 1943.


Attorney(s) appearing for the Case

William G. Heiner, of Pittsburgh, Pa., for petitioner.

Maryhelen Wigle, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, and J. Louis Monarch, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.


MARIS, Circuit Judge.

In its income tax return for 1936 the taxpayer claimed a deduction for a bad debt which was disallowed by the Commissioner. The Board of Tax Appeals upheld the Commissioner and the principal question arising upon this review of its decision is whether $75,000 of the debt for which deduction is claimed in 1936 was available to the taxpayer as a deduction in that year under the provisions of Section 23(k) of the Revenue Act of 1936. 26 U.S.C.A...

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