Commissioner of Internal Revenue v. Hawkins, 8397.
| Decision Date | 16 July 1937 |
| Docket Number | No. 8397.,8397. |
| Citation | 91 F.2d 354 |
| Parties | COMMISSIONER OF INTERNAL REVENUE v. HAWKINS et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Berryman Green and Sewall Key, Sp. Assts. to the Atty. Gen., James W. Morris, Asst. Atty. Gen., and Morrison Shafroth, Chief Counsel, Bureau of Internal Revenue, and Charles H. Curl, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.
Ben D. Clower, of Tyler, Tex., for respondents.
Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.
This case presents merely a question of whether petitioners were entitled to take a deduction on their returns from 1932 for a loss occasioned by the foreclosure of a mortgage and consequent sale of a large tract of land in California in 1931. The facts are not in dispute. The Board in a well-considered opinion, reported in 34 B. T.A. 918, carefully reviewed the law and held that the loss did not occur until the end of the redemption period in 1932.
We concur in the ruling of the Board. The petition is denied and the judgment of the Board is affirmed.
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Commissioner of Internal Revenue v. Peterman, 9546.
...97 F.2d 396, 401; Derby Realty Corp. v. Commissioner, 35 B.T.A. 335, 339; J. C. Hawkins v. Commissioner, 34 B.T.A. 918, 920, affirmed, 5 Cir., 91 F.2d 354. We have before us, then, two questions, (1) whether the tax sale on December 26, 1936, was such an identifiable event as to fix the "lo......
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... ... Cf. J. C. Hawkins v. Com'r, 34 B. T. A. 918, affirmed per curiam, * * *". 5 Cir., 91 F.2d 354 ... Petitioners urge that the Board erred in failing to ... ...
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