SPIRELLA CO., INC. v. COMMISSIONER OF INTERNAL REVENUE

No. 273.

155 F.2d 908 (1946)

SPIRELLA CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

June 19, 1946.


Attorney(s) appearing for the Case

Paul P. Cohen, of Niagara Falls, N. Y., for petitioner.

Muriel S. Paul, of Washington, D. C., Sewall Key, Acting Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., for respondent.

Before L. HAND, AUGUSTUS N. HAND and CLARK, Circuit Judges.


PER CURIAM.

The petitioner seeks to expunge a deficiency in its income tax assessed against it for the year 1940, which the Tax Court has affirmed. The only question is whether it is entitled to take a deduction in its return for a loss in disposing of 390 shares of stock in its subsidiary — the Spirella Western Company, Inc. The facts were as follows. The Spirella Western Company was organized in 1933 with a capital stock of 1000 shares without par value....

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