ROCKEFELLER v. NUNAN

No. 222.

142 F.2d 354 (1944)

ROCKEFELLER v. NUNAN, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

April 19, 1944.


Attorney(s) appearing for the Case

Scott Scammell, of New York City (John Hall Forbes, of New York City, of counsel), for petitioner.

Robert Koerner, of Washington, D. C., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to the Atty. Gen., for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

The only question on this appeal is whether there was substantial evidence to support the Tax Court's finding that the taxpayer had not "ascertained" a debt to be worthless in the year 1937, when he deducted it from his gross income. Section 23(k) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Code § 23(k). The taxpayer's debtor was a company engaged in the business of automatic fire detection and extinguishing devices, which had for some years been...

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