LITTLETON, Judge (Retired).
Plaintiff sues for a refund of income tax for the year 1948. The tax was paid pursuant to a determination by the Commissioner of Internal Revenue that a loss of $27,873.50, claimed by plaintiff as an ordinary loss, fully deductible as such under section 23(e) (2) of the Internal Revenue Code of 1939, 26 U.S.C. (1952 ed.), § 23(e) (2), was a short-term capital loss arising from a non-business bad debt, under section 23(k) (4) of the...
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