Legal Opinion
Kraus v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided March 8, 1937No. 232PublishedCited by 10 opinions
1Opinion of the CourtChase, Circuit Judge
(after stating the facts as above).
The dispute between the petitioner and respondent concerns only the proper cost basis of the stock sold. The petitioner insists that it should be at the average cost per share of his holdings acquired throughout the years up to the time of sale while the respondent applied the first in, first out rule in determining the deficiency. Article 58 of Reg. 74.
It may be taken as established that if the petitioner were able to identify the stock he sold with any particular stock he acquired that he would be entitled to take the basis of that stock so identified as…
2Cases cited10 opinions
- Helvering v. RankinSupreme Court of the United States · 1935
- Skinner v. EatonCourt of Appeals for the Second Circuit · 1930
- Miller v. CommissionerCourt of Appeals for the Second Circuit · 1935
- Commissioner of Internal Revenue v. Von GuntenCourt of Appeals for the Sixth Circuit · 1935
- Fuller v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1936
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lynn B. Curtis and Ruth P. Curtis v. The United StatesCourt of Appeals for the Sixth Circuit · 1964
- Smith v. HigginsCourt of Appeals for the Second Circuit · 1939
- Curtis v. HelveringCourt of Appeals for the Second Circuit · 1939
- Haynes v. CommissionerUnited States Tax Court · 1951
- Kinkel v. McGowanDistrict Court, W.D. New York · 1949
5 more not listed; retrieve them via the Exa API.