MIAMI BEACH BAY SHORE CO. v. COM'R OF INT. REVENUE

No. 10644.

136 F.2d 408 (1943)

MIAMI BEACH BAY SHORE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

June 23, 1943.


Attorney(s) appearing for the Case

John H. Wahl, Jr., and Robert H. Anderson, both of Miami, Fla., for petitioner.

Willard H. Pedrick and Sewall Key, Special Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Bernard D. Daniels, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.


HUTCHESON, Circuit Judge.

Disallowing a deduction of $50,012 claimed by taxpayer in its fiscal year ending August 31, 1937, as a loss on stock in Peninsula Terminal Corporation becoming worthless in that year, the commissioner determined, and the Board of Tax Appeals (now Tax Court) affirmed, a deficiency in excess profits and income taxes for that year of $10,052.41. The commissioner disallowed the loss on the grounds that the stock had become worthless in the prior...

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