Commissioner of Internal Revenue v. Abramson

CHASE, Circuit Judge.

Joseph G. Abramson and Joseph Levy each owned a one-third interest in a partnership during 1934, the taxable year here involved. The partnership, at the beginning of that year, owned two separate parcels of real estate in the City of New York; one on West 44th Street and one on West 43rd Street. It sustained losses on both parcels and each of the above taxpayers claimed as a deduction in 1934 his proportionate share as an ordinary loss. The Commissioner disallowed the entire deduction claimed for the loss on the 43rd Street property on the ground that the loss did not…