ACHESON v. COMMISSIONER OF INTERNAL REVENUE

No. 11466.

155 F.2d 369 (1946)

ACHESON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

May 15, 1946.


Attorney(s) appearing for the Case

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

I. Henry Kutz, Harold C. Wilkenfield, and Helen R. Carloss, Sp. Assts. to Atty. Gen., Sewall Key, Acting Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bur. Int. Rev., and Rollin H. Transue, Sp. Atty., Bur. Int. Rev., both of Washington, D. C., for respondent.

Before HOLMES, McCORD, and WALLER, Circuit Judges.


McCORD, Circuit Judge.

This appeal involves the income tax liability of Margaret M. Acheson. The taxpayer sought to deduct in 1935 the amount of $143,252.54 as a bad debt under Sec. 23(k) of the Revenue Act of 1934, 264. U. S.C.A. Int.Rev.Acts, page 673, and Treasury Regulation 86, promulgated thereunder. The Commissioner disallowed the deduction and his action was affirmed by the Tax Court.

The taxpayer assigns as error the holding of the Tax Court, (1) that...

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