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DAVIDSON v. COMMISSIONER

No. 18.

305 U.S. 44 (1938)

59 S.Ct. 43

83 L.Ed. 31

DAVIDSON v. COMMISSIONER OF INTERNAL REVENUE.

Supreme Court of United States.

Decided November 7, 1938.

Attorney(s) appearing for the Case

Mr. Edward J. Svoboda, with whom Messrs. J.A.C. Kennedy and Ralph E. Svoboda were on the brief, for petitioner.

Mr. Edward J. Ennis, with whom Solicitor General Jackson, Assistant Attorney General Morris, and Messrs. Sewall Key and Harry Marselli were on the brief, for respondent.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Upon petitioner's insistence and respondent's admission, that the decision below conflicts with that of the circuit court of appeals for the second circuit in Miller v. Commissioner, 80 F.2d 219, we granted a writ of certiorari. The question presented is whether petitioner's taxable gain from sale in 1929 of 1,000 shares...

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