CUMMINS v. COMMISSIONER

Docket No. 32763.

19 T.C. 246 (1952)

SAMUEL CUMMINS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 17, 1952.


Attorney(s) appearing for the Case

Henry Pearlman, Esq., for the petitioner.

Francis Butler, Esq., for the respondent.


The respondent determined a deficiency in the income tax of petitioner for the year 1943 in the amount of $11,873.71.

The sole question is whether the petitioner sustained an ordinary loss, deductible in full, or a loss on the sale of a capital asset subject to the limitations imposed on capital losses by section 117 (d) (2) of the Internal Revenue Code, as the result of a sale in 1943 of a seat on the New York Produce Exchange for an amount less than its cost in...

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