CHILDS v. C. I. R.

No. 17422.

408 F.2d 531 (1969)

Henry A. CHILDS and Carol M. Childs, Appellants, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided March 18, 1969.


Attorney(s) appearing for the Case

John H. Falsey, Lewis, MacDonald & Varian, New York City, for appellant.

Jeanine Jacobs, Department of Justice, Tax Division, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Stuart A. Smith, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before KALODNER, GANEY and SEITZ, Circuit Judges.


OPINION OF THE COURT

GANEY, Circuit Judge.

The question here involved is whether the appellant, Henry A. Childs, who purchased certain shares of stock in Yankee Productions, Inc., hereinafter referred to as "Yankee", in the years 1960 and 1961, which became worthless in the year 1963, was entitled to a deduction therefor in his return as a capital loss, or whether it was to be treated as ordinary income. The Tax Court held that the deduction should be treated...

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