W. A. DRAKE, INC. v. COMMISSIONER OF INTERNAL REV.

No. 2935.

145 F.2d 365 (1944)

W. A. DRAKE, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

October 26, 1944.


Attorney(s) appearing for the Case

Alden T. Hill, of Fort Collins, Colo. (Mortimer Stone, of Fort Collins, Colo., on the brief), for petitioner.

Warren F. Wattles, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

The question in this case is whether a loss sustained by petitioner as the result of the sale of a farm during the tax year in question was deductible under Section 24(b) (1) (B) of the Internal Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 24.1

Petitioner was a family corporation largely created for the purpose of handling the assets left by W. A. Drake, who died intestate. The assets of the corporation...

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