POLLAK v. COMMISSIONER OF INTERNAL REVENUE

No. 11166.

209 F.2d 57 (1954)

POLLAK et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided January 6, 1954.


Attorney(s) appearing for the Case

Mason G. Kassel, New York City, for petitioner.

S. Dee Hanson, Washington, D. C. (H. Brian Holland, Assistant Atty. Gen., Ellis N. Slack, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.


MARIS, Circuit Judge.

This is a petition by the taxpayers to review a decision of the Tax Court as to their income tax liability for the taxable year 1949. The sole question involved is whether the court erred in holding that a loss sustained by the taxpayers in that year was a non-business bad debt deductible as a short-term capital loss only to the limited extent permitted by Section 23(k) (4) of the Internal Revenue Code, 26 U.S.C., rather than an ordinary loss...

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