Bliss v. Commissioner of Internal Revenue

SWAN, Circuit Judge.

But one question is presented, and that is common to both taxable years. It will suffice, therefore, to state the facts with reference to 1928 only. During that year the taxpayer made charitable contributions in the amount of $43,995.92, which she claims the right to deduct from gross income under section 23 (n) of the Revenue Act of 1928 (45 Stat. 801 [26 USC A § 2023 (n) ]). This permits a deduction not exceeding “15 per cent-um of the taxpayer’s net income as computed without the benefit of this subsection.” Her “net income” for tbe year, as defined by section 21 (26…