SMITH & WELTON v. UNITED STATES

Civ. A. No. 2374.

164 F.Supp. 605 (1958)

SMITH & WELTON, Incorporated, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

August 8, 1958.


Attorney(s) appearing for the Case

Charles L. Kaufman, T. Howard Spainhour, Norfolk, Va., for plaintiff.

L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., for defendant.


WALTER E. HOFFMAN, District Judge.

The issue in this case is whether a department store's loss on the sale of common stock of one of its suppliers is a deductible business expense or a capital loss under the circumstances presented.

Plaintiff has for many years operated a substantial retail department store in the main business district of Norfolk, Virginia. Since 1951 it has also operated a branch at Virginia Beach, and, shortly thereafter, opened a branch...

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