Snow v. Marcelle

KENNEDY, District Judge.

Plaintiffs sue for a refund in the amount of $14,372.51, which sum was assessed against them as additional taxes for the tax year 1941, as a result of the Commissioner’s disallowance of a capital loss claimed to arise from the worthlessness of stock of City Mortgage Company (City). The loss was disallowed on the ground that the stock had become worthless prior to 1941. The relevant tax statute is Internal Revenue Code, Sec. 23(g) (2), 26 U.S.C.A. § 23(g) (2). Plaintiffs’ rights are also ruled by Regulations 103, article 23(e)-4 issued by the Bureau of Internal Revenue…