FRENCH v. UNITED STATES

No. 73-1282.

487 F.2d 1246 (1973)

Marshall FRENCH and Susan French, Plaintiffs, Appellees, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 3, 1973.


Attorney(s) appearing for the Case

Jane M. Edmisten, Atty., Tax Div., Dept. of Justice, with whom Scott P. Crampton, Asst. Atty. Gen., Carroll F. Jones, U. S. Atty., Meyer Rothwacks, and Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, were on brief, for appellant.

John W. Hanrahan, Manchester, N. H., with whom Hanrahan & Flynn, Manchester, N. H., was on brief, for appellees.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.


ALDRICH, Senior Circuit Judge.

This is an action to recover a payment of additional income tax for the year 1964 assessed as a result of the Commissioner's classification of a claimed business bad debt as a nonbusiness one. Nonbusiness bad debts are equated with short term capital losses, and deductions on account thereof are subject to those limitations. Int.Rev. Code of 1954, § 166. The jury found for the plaintiffs, Marshall and Susan French, and the government...

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