STODDARD v. UNITED STATES

No. 1703.

49 F.Supp. 641 (1943)

STODDARD v. UNITED STATES.

District Court, D. Massachusetts.

March 31, 1943.


Attorney(s) appearing for the Case

Harold L. Clark, and Phillips Ketchum, and Herrick, Smith, Donald, Farley & Ketchum, all of Boston, Mass., for plaintiff.

Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe, Clarence E. Dawson, and George J. Laikin, Sp. Assts. to the Atty. Gen., for defendant


WYZANSKI, District Judge.

The issue in this case is whether a taxpayer incurred in 1934 an ordinary, fully deductible loss or a capital loss deductible only to a limited extent.

The taxpayer in 1933 owned common stock of the insolvent Worcester Bank and Trust Company (hereafter sometimes called Bank 1) on which he had been assessed $120,000.

To satisfy his stockholder's liability the taxpayer was invited to assent to a Plan of Reorganization dated...

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