HAAS v. COMMISSIONER OF INTERNAL REVENUE

No. 352, Docket 24451.

248 F.2d 487 (1957)

Benjamin F. HAAS and Addie R. Haas, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 7, 1957.


Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City (Theodore Tannenwald, Jr., Sylvan Gotshal, Ira M. Millstein, Benjamin Clark, New York City, of counsel), for petitioners-appellants.

Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Melvin L. Lebow, Attys., Dept. of Justice, Washington, D. C., for respondent-appellee.

Before HAND, LUMBARD and WATERMAN, Circuit Judges.


WATERMAN, Circuit Judge.

Petitioners, husband and wife, seek a reversal of the Tax Court decision sustaining the Commissioner's disallowance of a loss deduction claimed by them for the years 1948, 1949 and 1950.

In 1933 Mr. Haas organized Oxford Looms, Inc., a woolen mill. Although he had all of its authorized common stock, consisting of 500 shares, issued to his daughter as a gift, the operation and management of Oxford, since the time of its incorporation...

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