Hirschberg v. United States

MANDELBAUM, District Judge.

The relief sought in this action is the recovery of certain income taxes paid by *882the plaintiff for the years 1920 and 1921. The basis for these claims for refunds is that the stock losses involved were erroneously disallowed by the Commissioner of Internal Revenue.

The plaintiff sustained stock losses in 1920 and 1921 as a result of a joint venture with other traders. These transactions were carried on daily and the net results thereof were recorded by the plaintiff’s secretary on memorandum slips and later transferred into a little black book (Plaintiff’s Exhibit…