Commissioner of Internal Revenue v. Dashiell

TREANOR, Circuit Judge.

This cause comes to this Court on petition by the Commissioner of Internal Revenue for review of a decision of the United States Board of Tax Appeals which held that the respondent had sustained a deductible loss during the year 1931 as a result of the sale of certain stock owned by him. It is the contention of petitioner that the loss sustained by the respondent occurred in the year 1932.

The pertinent facts as found by the Board of Tax Appeals are as follows: On December 30, 1931, the taxpayer, who was in Florida on that date, was the owner of 500 shares of Vanadium…