Commissioner v. Thomas

FOSTER, Circuit Judge.

Respondent, Pat Morgan Thomas, a resident of Texas, filed a joint return for himself and wife for income taxes for the year 1930, showing a net loss of $4,-441.10, and no taxable income. The Commissioner disallowed the loss claimed and determined a deficiency of $1,721.71 in taxes. The Board of Tax Appeals decided there was no deficiency. This appeal followed.

The loss was claimed as resulting from the sale of 200 shares of stock of the Central Chevrolet Company of Houston, mac to respondent’s wife on October 26, 1930, for which she paid in cash from her separate estate.…