COMMISSIONER OF INTERNAL REVENUE v. STOKES' ESTATE

No. 10763.

200 F.2d 637 (1953)

COMMISSIONER OF INTERNAL REVENUE v. STOKES' ESTATE et al.

United States Court of Appeals Third Circuit.

Decided January 7, 1953.


Attorney(s) appearing for the Case

Walter Akerman, Jr., Washington, D. C., (Ellis N. Slack, Acting Asst. Atty. Gen., on the brief), for petitioner.

Logan Morris, Philadelphia, Pa. (Thorpe Nesbit, Philadelphia, Pa., Nesbit, Morris & Lisenby, Philadelphia, Pa., on the brief), for respondents.

Before BIGGS, Chief Judge, and MARIS and HASTIE, Circuit Judges.


MARIS, Circuit Judge.

The commissioner of Internal Revenue asks us to reverse a decision of the Tax Court holding that a debt owing to the petitioners' decedent by the Pullenlite Company which became worthless in 1947 was deductible by the petitioners, in computing their decedent's income tax liability for that year, as a debt incurred in the decedent's trade or business under Section 23(k) (1) of the Internal Revenue Code. 26 U.S.C. § 23(k) (1). The question...

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