Evans v. Rothensies

JONES, Circuit Judge.

In his income tax return for the year 1935, the appellant taxpayer showed an alleged capital loss as an offset against capital gains. .The Commissioner of Internal Revenue disallowed the loss thus claimed and determined and assessed a deficiency for' the taxable year which the appellant paid under protest. The taxpayer’s claims for refund having been denied, he filed suit in the court below against the Collector of Internal Revenue for the recovery of so much of the deficiency tax 'payment as was represented by the disallowance of the alleged capital loss. The case was…