Legal Opinion

Feine v. McGowan Collector of Internal Revenue

Court of Appeals for the Second Circuit

Decided April 23, 1951No. 21651_1PublishedCited by 13 opinions

1Opinion of the Court

CLARK, Circuit Judge.

Plaintiff George R. Feine sued the Collector of Internal Revenue for partial *739refund of his federal income tax paid for the year 1934, basing his claim upon the right to take a capital loss on the disposition of certain shares of corporate stock owned by him. The District Court refused the deduction, concluding that plaintiff’s disposition of his stock was by way of gift or at least was not a transaction entered into for profit. We think its conclusion must be sustained. As will be seen, the evidence, even though for the most part stipulated, was unsatisfactory in the…

2Cases cited6 opinions

  1. Helvering v. National Grocery Co.Supreme Court of the United States · 1938
  2. Heiner v. TindleSupreme Court of the United States · 1928
  3. Evans v. RothensiesCourt of Appeals for the Third Circuit · 1940
  4. Goldsborough v. BurnetCourt of Appeals for the Fourth Circuit · 1931
  5. Mack v. CommissionerCourt of Appeals for the Second Circuit · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Karl F. Knetsch and Eva Fay Knetsch v. The United StatesUnited States Court of Claims · 1965
  2. James E. Austin and Elizabeth G. Austin v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
  3. Ewing v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1954
  4. Heli-Coil Corporation v. Reginald WebsterCourt of Appeals for the Third Circuit · 1965
  5. Fox v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1951

8 more not listed; retrieve them via the Exa API.

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