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STAHL v. UNITED STATES

No. 23179.

441 F.2d 999 (1970)

Ruby Smith STAHL v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 1970.

Attorney(s) appearing for the Case

Mr. David English Carmack, Atty., Department of Justice, of the Bar of the Court of Appeals of Maryland, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen. Frederick B. Ugast, Messrs. Lee A. Jackson, Atty., Department of Justice, and David G. Bress, U. S. Atty., at the time the brief was filed, were on the brief, for appellant. Miss Issie L. Jenkins, Atty., Department of Justice, also entered an appearance for appellant.

Mr. Sidney J. Silver, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This case comes on appeal by the Government from a judgment of the District Court1 awarding $5,532 plus interest to a taxpayer in an action for refund of overpayment of federal income tax. Because we hold that on the disputed item taxpayer was entitled to take a deduction, for a loss on a transaction entered into for profit, we affirm.

I. The Facts

On April 12, 1962, Mrs. Ruby Smith Stahl, a...

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