Legal Opinion

Kelchner v. Commissioner

United States Board of Tax Appeals

Decided October 3, 1934No. Docket No. 71197Published

The petitioner in 1930 decided to sell a certain number of shares of corporate stock which she had acquired in 1920. The sale was made through a brokerage firm by her attorney. Thereafter, the attorney mistakenly delivered certificates for shares of the stock acquired on previous dates. The mistake was not discovered until two years later.

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The petitioner in 1930 decided to sell a certain number of shares of corporate stock which she had acquired in 1920. The sale was made through a brokerage firm by her attorney. Thereafter, the attorney mistakenly delivered certificates for shares of the stock acquired on previous dates. The mistake was not discovered until two years later. Held, that the agin or loss upon the sale must be computed upon the basis of the cost of the shares represented by the certificates delivered to the purchaser.

1Opinion of the Court

HELEN V. KELCHNER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Kelchner v. Commissioner

Docket No. 71197.

United States Board of Tax Appeals

31 B.T.A. 262; 1934 BTA LEXIS 1132;

October 3, 1934, Promulgated

The petitioner in 1930 decided to sell a certain number of shares of corporate stock which she had acquired in 1920. The sale was made through a brokerage firm by her attorney. Thereafter, the attorney mistakenly delivered certificates for shares of the stock acquired on previous dates. The mistake was not discovered until two years later. Held, that the agin or loss upon the…

2Cases cited1 opinion

  1. Kelchner v. CommissionerUnited States Board of Tax Appeals · 1934

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