Opinion
March 20, 1952.
Appeal from New York State Tax Commission.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [See post, p. 1115.]
The State Tax Commission held that the transaction involved a capital loss not deductible from ordinary income. The factual situation is substantially the same as in Matter of Appleby v. Bates ( 278 App. Div. 12, motion for leave to appeal denied 303 N.Y. 1011) and upon that authority the determination should be confirmed. Determination unanimously confirmed, with $50 costs.