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Miller v. Commissioner of Internal Revenue

Circuit Court of Appeals, Sixth Circuit
Feb 25, 1946
153 F.2d 695 (6th Cir. 1946)

Opinion

No. 10092.

February 25, 1946.

Petition to Review Decision of the Tax Court of the United States.

Petition by Ray T. Miller to review a decision of the Tax Court of the United States approving the determination of Commissioner of Internal Revenue of a deficiency in petitioner's tax return for 1941.

Decision affirmed.

Miller Hornbeck, of Cleveland, Ohio, for petitioner.

Samuel O. Clark, Jr., of Washington, D.C., for respondent.

Before SIMONS, ALLEN and MILLER, Circuit Judges.


In a petition to review a decision of the Tax Court approving the respondent's determination of a deficiency in petitioner's tax return for 1941, resulting from the disallowance of a deduction taken by the taxpayer based upon worthlessness of securities becoming recognizable within the tax year, and

The Tax Court having decided that the petitioner had failed to sustain his burden of proving that the respondent's determination that the worthlessness of the securities had been established by identifiable events in previous years was erroneous, and

It also appearing that there was substantial evidence in support of the Tax Court's finding,

It is our conclusion that such findings are conclusive upon us under the rule of controlling decisions, including Dobson v. Comm'r., 320 U.S. 489, 64 S.Ct. 239, 88 L. Ed. 248; that contrary findings are not when there is evidence contra, compelled by the fact that there was a speculative market in such securities at merely nominal value during the tax and preceding years, Brown v. Comm'r., 6 Cir., 94 F.2d 101; Gowen v. Comm'r., 6 Cir., 65 F.2d 923; Jeffery v. Comm'r., 6 Cir., 62 F.2d 661, and that a decision as to worthlessness of property involved a question of fact rather than one of law, Brown v. Comm'r, supra.

Wherefore, The decision of the Tax Court is affirmed.


Summaries of

Miller v. Commissioner of Internal Revenue

Circuit Court of Appeals, Sixth Circuit
Feb 25, 1946
153 F.2d 695 (6th Cir. 1946)
Case details for

Miller v. Commissioner of Internal Revenue

Case Details

Full title:MILLER v. COMMISSIONER OF INTERNAL REVENUE

Court:Circuit Court of Appeals, Sixth Circuit

Date published: Feb 25, 1946

Citations

153 F.2d 695 (6th Cir. 1946)