Robert S. Davis v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Robert S. Davis

LINDLEY, Circuit Judge.

In 11727 the taxpayer seeks to set ■aside a judgment of the Tax Court denying him the right to take as a deduction his admitted loss of $32,000 for the year 1945 on an investment in a part interest •in an oil and gas lease. In 11728 the 'Commissioner seeks to avoid a judgment of the same court allowing the loss as •a deduction- for the year 1944. The second appeal is taken, as the Government frankly avows, to protect its rights if this court disturbs the decision that the loss was sustained in the year 1944. Consequently, the only question presented is whether the Tax…