EWING v. COMMISSIONER OF INTERNAL REVENUE

No. 185, Docket 22934.

213 F.2d 438 (1954)

EWING v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided May 28, 1954.


Attorney(s) appearing for the Case

Randolph E. Paul, New York City, Adrian W. DeWind and Eugene H. Lattin, New York City, of counsel, for petitioner.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, and Joseph F. Goetten, Sp. Assts. to Atty. Gen., for Commissioner of Internal Revenue, respondent.

Before AUGUSTUS N. HAND, CLARK and MEDINA, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The issue presented to us on appeal is whether certain "losses" suffered by the taxpayer were losses incurred in a "transaction entered into for profit" and therefore deductible under Section 23(e)(2) of the Internal Revenue Code.1 More specifically, the taxpayer seeks to deduct losses incurred from 1941 to 1943 on loans made to the Ballet Theatre, Inc., which became uncollectible.

The Tax Court...

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