JAGLOM v. C. I. R.

No. 164, Docket No. 27208.

303 F.2d 847 (1962)

Simon JAGLOM and Marie Jaglom, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided June 4, 1962.


Attorney(s) appearing for the Case

Saul Duff Kronovet, New York City (Silverson & Gelberg on the brief), for petitioners.

Giora Ben-Horin, Department of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.


LUMBARD, Chief Judge.

The sole question to be decided is whether that portion of the proceeds from the "flat" sale of defaulted bond which is allocable to interest accrued while the taxpayers held the bonds is taxable as ordinary income or capital gain. We hold that it is ordinary income.

On March 15, 1950 the taxpayers purchased $50,000 face amount of Missouri Pacific Railroad Company 5% bonds upon which interest of $20,000, accrued from March 1, 1942 to...

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