NEMEROV v. HELVERING

No. 74.

139 F.2d 690 (1944)

NEMEROV v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

January 3, 1944.


Attorney(s) appearing for the Case

Isidore Siegeltuch, of New York City, for petitioner.

F. E. Youngman, of Washington, D. C., for respondent.

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


PER CURIAM.

The petitioner has been allowed a deduction of $2,000 for the year in question under § 117(d) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 875, on the theory that in that year he suffered a capital loss. He can recover anything more only in case he charged off in that year as a worthless debt, the money which he had invested in the business. Section 23(k), 26 U.S.C.A. Int.Rev.Acts, page 828. The Tax Court did not definitely find whether...

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