NICHOLS v. COMMISSIONER OF INTERNAL REVENUE

No. 9569.

141 F.2d 870 (1944)

NICHOLS et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

April 5, 1944.


Attorney(s) appearing for the Case

Raymond K. Dykema, of Detroit, Mich. (James H. Spencer and Paul R. Trigg, Jr., both of Detroit, Mich., on the brief), for petitioners.

Fred E. Youngman, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, A. F. Prescott, and Joseph M. Jones, all of Washington, D. C., on the brief), for respondent.

Before HICKS, MARTIN, and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

Petitioners, husband and wife, hereinafter referred to as petitioner, appeal from a decision of the Tax Court, that they realized income on foreclosure of a mortgage. In its holding, the Tax Court sustained the claim of the Commissioner that the accrued interest, included in the bid on foreclosure, is the measure of the realized income to the mortgagee. On appeal, it is contended that, under Treasury Regulations, gain or loss, on foreclosure...

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