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COHEN v. COMMISSIONER OF INTERNAL REVENUE

Nos. 193, 194.

148 F.2d 336 (1945)

COHEN v. COMMISSIONER OF INTERNAL REVENUE. STEIN v. SAME.

Circuit Court of Appeals, Second Circuit.

March 23, 1945.

Attorney(s) appearing for the Case

A. Loeb Salkin, of New York City (Maer I. Levey, of New York City, of counsel), for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, A. F. Prescott, and Leonard Sarner, Sp. Assts. to the Atty. Gen., for respondent.

Before SWAN, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

In 1939 the taxpayers paid $15,000 to Edwards Development Corporation which they caused to be organized under the laws of Illinois with an authorized capital of 100 shares without par value. The directors of the corporation set the value of the stock at $10 per share and directed its sale at that figure. The corporate enterprise proved a failure and in 1940 the corporation was dissolved, only a small part of their $15,000 payment being returned to the...

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