Burnet v. Henry

Full title: BURNET, COMMISSIONER OF INTERNAL REVENUE, v . HENRY

Court: U.S.

Date published: Apr 13, 1931

283 U.S. 229 (1931)

Opinion

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT.

No. 202.

Argued March 12, 1931. Decided April 13, 1931.

Decided upon the authority of Burnet v. Houston, ante, p. 223. 39 F.2d 358, reversed.

CERTIORARI, 282 U.S. 820, to review a judgment which reversed a decision of the Board of Tax Appeals, 13 B.T.A. 279, sustaining disallowance of a deduction for a loss, in an income tax return.

Assistant Attorney General Youngquist, with whom Solicitor General Thacher and Messrs. Sewall Key and A. H. Conner, Special Assistants to the Attorney General, Erwin N. Griswold, and Clarence M. Charest, General Counsel, and Allin H. Pierce, Special Attorney, Bureau of Internal Revenue, were on the brief, for petitioner.

Mr. William Clarke Mason, with whom Mr. John Russell, Jr., was on the brief, for respondent.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The question in this case is the same as that which has been determined against the respondent in Burnet v. Houston, ante, p. 223. The subscription to the fund described in our opinion in that case was not made by respondent direct, but by her brother, Samuel F. Houston, acting as her agent. Otherwise the facts are the same; and upon the authority of the Houston case the judgment of the court below, 39 F.2d 358, is

Reversed.