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BURRAGE v. HASSETT

No. 2334.

58 F.Supp. 63 (1944)

BURRAGE v. HASSETT, Collector of Internal Revenue.

District Court, D. Massachusetts.

November 20, 1944.

Attorney(s) appearing for the Case

George R. Blodgett, Herrick, Smith, Donald, Farley & Ketchum, Kenneth W. Bergen, and Phillips 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., and Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, and Fred J. Neuland, Sp. Assts. to the Atty. Gen., for defendant.

WYZANSKI, District Judge.

This case presents a single issue: Under Sec. 113 (a) of the Revenue Act of 1936, c. 690, 49 Stat. 1648, 1682, 26 U.S.C.A. Int.Rev.Acts, page 859, is the basis for determining the taxpayer's loss upon the sale of securities (a) the original cost of those securities to her when she purchased them at various dates prior to December 18, 1931, or (b) the fair market value of those securities when she reacquired them from the Alice Hathaway Burrage...

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