VAN SUETENDAEL v. COMMISSIONER OF INTERNAL REVENUE

Nos. 39-41.

152 F.2d 654 (1945)

VAN SUETENDAEL et ux. v. COMMISSIONER OF INTERNAL REVENUE. VAN SUETENDAEL v. SAME.

Circuit Court of Appeals, Second Circuit.

December 31, 1945.


Attorney(s) appearing for the Case

William A. Walsh, Jr., of Yonkers, N. Y., for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Morton K. Rothschild, Sp. Assts. to Atty. Gen., for respondent.

Before SWAN, CHASE, and FRANK, Circuit Judges.


PER CURIAM.

The taxpayer, Achille O. Van Suetendael, sustained losses on sales of securities in each of the tax years 1936, 1937 and 1938. He claimed to be a dealer in securities and sought to deduct from his gross income for the respective years the full amount of his losses. The commissioner determined that the securities were capital assets and subject to the limitations upon loss set forth in section 117 of the Revenue Acts of 1936 and 1938, 26 U.S.C.A. Int.Rev...

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