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WHIPPLE v. C. I. R.

No. 18963.

301 F.2d 108 (1962)

A. J. WHIPPLE and Mildred Whipple, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1962.

Attorney(s) appearing for the Case

Charles Dillingham, Ben H. Schleider, Jr., Houston, Tex., for petitioners.

William A. Friedlander, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, R. P. Hertzog, Acting Chief Counsel, John M. Morawski, Sp. Atty., I. R. S., Robert M. Anderson, Atty., Dept. of Justice, Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, and HUTCHESON and RIVES, Circuit Judges.

TUTTLE, Chief Judge.

The taxpayer-petitioners here complain of the decision of the Tax Court which held that the taxpayers' advances to the corporation, in which the husband held a majority interest, represented, within the meaning of Section 23(k) of the 1939 Internal Revenue Code, 26 U.S.C.A. § 23(k) a non-business rather than a business bad debt, when these advances became worthless upon the insolvency of the corporation. So far as is significant here a non...

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