Legal Opinion

Mosbacher v. United States

United States Court of Claims

Decided January 8, 1940No. 43916PublishedCited by 3 opinions

1Opinion of the CourtWhitaker, Judge

In this case plaintiff seeks to offset certain losses which he claims he sustained in trading on the New York Curb Exchange against his profits therefrom. The issue is whether the losses were sustained by him individually or by an alleged partnership or joint venture of which plaintiff was a member. The answer depends on whether or not the association between plaintiff and certain men named Green-stein, Stern, and Schwartz was a partnership or joint venture or whether these men were employees of the plaintiff in the carrying out of the enterprise. If employees, the plaintiff is entitled to…

2Cases cited1 opinion

  1. Klingenstein v. United StatesUnited States Court of Claims · 1937

3Cited by3 opinions

  1. Victor A. Miller and Beatrice A. Miller v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1960
  2. Commissioner v. LamontCourt of Appeals for the Second Circuit · 1946
  3. Mosbacher v. United StatesUnited States Court of Claims · 1941

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