Opinion · Court of Appeals for the Third Circuit

Makransky's Estate v. COMMISSIONER OF INTERNAL REVENUE

154 F.2d 59

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1946-02-25
Topic
general

PER CURIAM. In these cases the taxpayers ask this court to review the finding of the Tax Court that a loss which they incurred in the sale of contracts for the future delivery of wool was a loss upon the sale of capital assets and not an ordinary and necessary expense of their business deductible under Section 23(a) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 23(a), or a loss deductible under Section 23(e). We think that this is a finding which this court is not at liberty to review. Dobson v.

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UpLaw has not yet analyzed Makransky's Estate v. COMMISSIONER OF INTERNAL REVENUE. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
PER CURIAM.

In these cases the taxpayers ask this court to review the finding of the Tax Court that a loss which they incurred in the sale of contracts for the future delivery of wool was a loss upon the sale of capital assets and not an ordinary and necessary expense of their business deductible under Section 23(a) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 23(a), or a loss deductible under Section 23(e). We think that this is a finding which this court is not at liberty to review. Dobson v. Commissioner, 1943, 320 U.S. 489, 64 S.Ct. 239, 88 L.Ed. 248; John Kelley Co. v. Commissioner, 1946, 66 S.Ct. 299.

The decision of the Tax Court is affirmed.