WARREN v. COMMISSIONER OF INTERNAL REVENUE

No. 4592.

193 F.2d 996 (1952)

WARREN et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals First Circuit.

January 28, 1952.


Attorney(s) appearing for the Case

James D. Dow, Jr., Boston, Mass., for petitioners.

Hilbert P. Zarky, Sp. Asst. to the Atty. Gen. (Ellis N. Slack, Acting Asst. Atty. Gen., and A. F. Prescott and Howard P. Locke, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


MAGRUDER, Chief Judge.

The executors of the estate of Bentley W. Warren seek review of the Tax Court's determination that their decedent's income tax for 1944 was deficient in the amount of $5287.84. The dispute is whether taxpayer had a gain or a loss upon the sale of certain securities in that year. It is a highly technical matter of applying the statutory language, with no broad equitable considerations pointing either way, so far as we can see.

At various...

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