Legal Opinion

Dunne v. Commissioner

Court of Appeals for the Second Circuit

Decided February 18, 1935No. 86PublishedCited by 5 opinions

1Opinion of the Court

SWAN, Circuit Judge.

For the year 1927 the petitioner filed an income tax return in which he claimed a deduction of nearly $400,000 as a loss sustained on the sale of securities through several stock brokerage accounts in which he had a one-third interest. The Commissioner disallowed this deduction, and the Board of Tax Appeals affirmed his action and determined a deficiency. The propriety of disallowing the claimed deduction is the only substantial question presented.

The petitioner and two friends had equal interests in four stock-trading accounts which were opened in 1919 at the suggestion…

2Cases cited4 opinions

  1. Weiss v. WeinerSupreme Court of the United States · 1929
  2. Johnson, Drake & Piper, Inc. v. HelveringCourt of Appeals for the Eighth Circuit · 1934
  3. Webb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1933
  4. Cedar Park Cemetery Ass'n v. CommissionerCourt of Appeals for the Seventh Circuit · 1933

3Cited by5 opinions

  1. Barber v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
  2. Johnson v. CommissionerUnited States Tax Court · 1976
  3. Foley v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1938
  4. Brooks v. Comm'rUnited States Tax Court · 2013
  5. Johnson v. CommissionerUnited States Tax Court · 1976

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