Kugel v. Ryan

HINCKS, Circuit Judge.

For purposes of this appeal from the district court’s order granting the government’s motion for summary judgment, the facts may be stated as follows. Taxpayers were in partnership with one Sparks in a firm which dealt in government bonds. Although Sparks was to receive thirty per cent of the profits and sustain thirty per cent of the losses, all of the firm’s capital was contributed by taxpayers. In 1946, the market declined and the firm sustained severe losses.. The firm was dissolved later that year, and its assets were liquidated. Sparks’ *330share of the losses in the…