LOEWI & CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 11456.

232 F.2d 621 (1956)

LOEWI & CO., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 18, 1956.


Attorney(s) appearing for the Case

Harvey W. Peters, Milwaukee, Wis., for petitioner.

Charles K. Rice, Asst. Atty. Gen., Carolyn R. Just, Lee A. Jackson, Robert N. Anderson, Stanley P. Wagman, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before LINDLEY and SWAIM, Circuit Judges, and PLATT, District Judge.


SWAIM, Circuit Judge.

The question presented is whether or not the petitioner, Loewi & Co., incurred during its fiscal year ending November 30, 1946, either a "bad debt" deductible from income under Section 23(k) (1) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 23(k) (1), or a "loss" deductible under Section 23(f), 26 U.S.C.A. § 23(f).

The petitioner is a stockbroker. During 1946 it purchased for a customer certain "when, as and if issued...

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