Borden v. COMMISSIONER OF INTERNAL REVENUE

L. HAND, Circuit Judge.

This is an appeal from an order of the Board of Tax Appeals, assessing against the taxpayer, Borden, a deficiency in his income tax for the year 1932, by refusing to allow him a deduction for a theft claimed under § 23(e) (3) of the Revenue Act of 1932, 26 U.S.C.A. § 23. The facts were as follows. Sometime in 1925 or 1926 one, Coutant, became acquainted with Borden and insinuated himself into his confidence; among other things, he told him he was an attorney, living in Leavepworth, Kansas, who, although he had practically retired, took up special cases on occasion. Some…