Commissioner of Internal Revenue v. Matheson

SIBLEY, Circuit Judge.

The sole question is whether the Board of Tax Appeals erred in point of law in holding on stipulated facts that the taxpayer, Hugh M. Matheson, was entitled to measure his loss in selling certain shares of stock during the year 1930 by putting their cost at the price agreed on when he received them on account of a money legacy in his father’s will, rather than at’ their lesser market value on that date. The stipulated facts are, in brief, that the taxpayer’s father died May 15, 1930, leaving an estate of about $24,000,000, and including the stocks in question. His will…