ESTATE OF McGLOTHLIN v. C. I. R.

No. 23161.

370 F.2d 729 (1967)

ESTATE of Evelyn McGLOTHLIN, Deceased, Ray McGlothlin, Jr., Executor, and Ray McGlothlin, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

As Amended on Denial of Rehearing February 23, 1967.


Attorney(s) appearing for the Case

Ronald M. Mankoff, Wentworth, T. Durant, Durant, Mankoff & Davis, Dallas, Tex., for petitioners.

Mitchell Rogovin, Asst. Atty. Gen., Dept. of Justice, Hu S. Vandervort, Jr., Atty., I. R. S., Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Jonathan S. Cohen, Harry Baum, Lee A. Jackson, Attys. Dept. of Justice, Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.


TUTTLE, Chief Judge:

This petition for review of a decision of the Tax Court attacks the decision of that court denying as a deduction under Section 165(c) (2), of the Internal Revenue Code of 1954, as a loss incurred in a transaction that was entered into for profit, a substantial sum paid by the taxpayer pursuant to an indemnity agreement which he gave as part of a merger of his corporation with another corporation. The Tax Court held that this expenditure was of...

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