Legal Opinion

Benjamin v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided April 30, 1934No. 225PublishedCited by 12 opinions

1Per curiam

This petition seeks a review of a decision of the Board of Tax Appeals involving a deficiency in petitioner’s income tax for the year 1926. The question presented is whether a deductible loss occurred in the taxable year of 1926 or 1927 on the cost of 7,318 shares of common stock of the Standard Soapstone Corporation. Revenue Act of 1926, e. 27, §§ 204, 214, 44 Stat. 9, 14, 26 (26 USCA §§ 935, 955).

The corporation mined soapstone from quarries aud owned and operated a mill to prepare that product for market. Various difficulties were encountered in quarrying the stone, and the operation was…

2Cases cited5 opinions

  1. United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
  2. New York Life Insurance v. EdwardsSupreme Court of the United States · 1926
  3. Bedell v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
  4. Deeds v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1931
  5. Luscomb v. CommissionerCourt of Appeals for the Second Circuit · 1929

3Cited by12 opinions

  1. Bartlett v. CommissionerCourt of Appeals for the Fourth Circuit · 1940
  2. Rassieur v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1942
  3. Rosing v. CorwinCourt of Appeals for the Second Circuit · 1937
  4. Commissioner v. GerardCourt of Appeals for the Ninth Circuit · 1935
  5. Smith v. HelveringCourt of Appeals for the D.C. Circuit · 1944

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