Flora v. United States

Mr. Justice Whittaker, with whom Mr. Justice Frankfurter, Mr. Justice Harlan, and Mr. Justice Stewart join,

dissenting.

A deep and abiding conviction that the Court today departs from the plain direction of Congress expressed in 28 U. S. C. § 1346 (a), defeats its beneficent purpose, and repudiates many soundly reasoned opinions of the federal courts on the question presented, compels me to express and explain my disagreement in detail.

In his income tax return for the year 1950, petitioner deducted in full, as ordinary in character, the losses he had suffered in commodity transactions in that…