Legal Opinion

Cunningham v. Commissioner

United States Board of Tax Appeals

Decided January 10, 1934No. Docket Nos. 52005, 52006Published

Where taxpayers, who so far as the record discloses maintained only "long" security accounts, directed the sales of certain stocks in a lesser quantity than that so held, which sales were not ordered as "short" sales, but were executed as "long" sales and so recorded on the broker's books, though taxpayers may have intended them as "short" sales, held, they were sales of stock held by taxpayers and not "short" sales. Robert W. Bingham,27 B.T.A. 186, distinguished.

1Opinion of the Court

JAMES CUNNINGHAM, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

MARJORIE W. CUNNINGHAM, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Cunningham v. Commissioner

Docket Nos. 52005, 52006.

United States Board of Tax Appeals

29 B.T.A. 717; 1934 BTA LEXIS 1492;

January 10, 1934, Promulgated

Where taxpayers, who so far as the record discloses maintained only "long" security accounts, directed the sales of certain stocks in a lesser quantity than that so held, which sales were not ordered as "short" sales, but were executed as "long" sales and so recorded on the broker's…

2Cases cited6 opinions

  1. United States v. PhellisSupreme Court of the United States · 1921
  2. Provost v. United StatesSupreme Court of the United States · 1926
  3. Bingham v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Snyder v. CommissionerUnited States Board of Tax Appeals · 1930
  5. Cook v. FlaggCourt of Appeals for the Second Circuit · 1918

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