LANDAU'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE

No. 11335.

219 F.2d 278 (1955)

ESTATE of Philip LANDAU, Deceased, Herbert Landau and Sidney Landau, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 10, 1955.


Attorney(s) appearing for the Case

Sidney B. Gambill, Pittsburgh, Pa. (Robert F. Banks and Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for petitioners.

Alonzo W. Watson, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to the Atty. Gen., on the brief), for respondent.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

This is a petition to review the decision of the Tax Court, which upheld the Commissioner's determination of a deficiency in decedent-taxpayer's income tax for the calendar year 1948. 21 T.C. 727.

The question presented is whether the petitioners, the executors of the decedent-taxpayer's estate, have established that an ordinary loss was sustained in the taxable year here involved. The Tax Court held...

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