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COMMISSIONER OF INTERNAL REVENUE v. SWITLIK

Nos. 10166-10169.

184 F.2d 299 (1950)

COMMISSIONER OF INTERNAL REVENUE v. SWITLIK (four cases).

United States Court of Appeals Third Circuit.

Decided September 12, 1950.

Attorney(s) appearing for the Case

Edward J. P. Zimmerman, Washington, D. C. (Theron Lamar Caudle, Assistant Attorney General, Ellis N. Slack, Helen Goodner, Special Assistants to the Attorney General, on the brief), for petitioner.

Sydney A. Gutkin, Newark, N. J. (David Beck, Newark, N. J., on the brief), for respondents.

Before GOODRICH, WOODBURY and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

These petitions for review present a novel facet of a problem not unfamiliar in the field of tax law. The question is whether payments made by the taxpayers in 1944 in satisfaction of their respective liabilities as transferees are deductible as ordinary losses in that taxable year. The Tax Court, one judge dissenting, concluded that the payments are deductible in full from gross income as ordinary losses under Section 23 (e) (2) of the Internal...

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