BAIR v. COMMISSIONER OF INTERNAL REVENUE

No. 5, Docket 22085.

199 F.2d 589 (1952)

BAIR et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided November 7, 1952.


Attorney(s) appearing for the Case

Julian H. Hyman, New York City, for petitioners.

Charles S. Lyon, Acting Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott and Maryhelen Wigle, Sp. Assts. to the Atty. Gen., for respondent. Argument for respondent was presented by Carlton Fox, Sp. Asst. to the Atty. Gen.

Before SWAN, Chief Judge, and L. HAND, Circuit Judge.


SWAN, Chief Judge.

This appeal involves the income tax liability for the year 1945 of the petitioners, husband and wife, who reported their income on a cash basis. There are two distinct issues, one concerning an interest item of $1,109.14 credited to Mrs. Bair on the books of the Goldsmith Trust, of which she was one of the settlors and beneficiaries, but not reported as income of the petitioners; the other concerning an item of $13,378.74 representing a loss sustained...

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