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RICH LUMBER COMPANY v. UNITED STATES

No. 5085.

237 F.2d 424 (1956)

RICH LUMBER COMPANY, Incorporated, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

October 4, 1956.

Attorney(s) appearing for the Case

Jackson J. Holtz, Boston, Mass., with whom Hershel Zonderman, David A. Rose, and Holtz & Rose, Boston, Mass., were on brief, for appellant.

Helen A. Buckley, Atty., Dept. of Justice, Washington, D. C., with whom Charles K. Rice, Acting Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Anthony Julian, U. S. Atty., and Arthur I. Weinberg, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

This appeal from a judgment dismissing an action to recover a deficiency in income taxes and interest thereon assessed against and paid by the plaintiff presents but a single question. It is whether a conceded loss in an agreed amount sustained by the taxpayer as the result of its sale to the United States of certain timber lands in Vermont was "sustained during the taxable year" 1947 within the meaning of § 23(f) of the Internal Revenue...

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