Opinion
No. 7478.
March 17, 1938.
Appeal from Board of Tax Appeals.
Petition to review an order of the United States Board of Tax Appeals.
Thos. O. Marlar, of Toledo, Ohio, for petitioner.
James W. Morris, Sewall Key, and Herman Oliphant, all of Washington, D.C., for respondent.
Before HICKS, SIMONS, and ALLEN, Circuit Judges.
It appearing to the court that, treating petitioner's claims as claims for deductions from gross income because of "losses," the petitioner has failed to carry the burden of proof that he sustained the losses or any portion thereof during the taxable years involved; and further, that treating the claims for deductions as "bad debts," the petitioner has likewise failed to sustain the burden of proof that such claims or any portion thereof were ascertained to be worthless and were charged off within the taxable years involved, it is therefore ordered and adjudged that the decision of the Board of Tax Appeals be, and the same is in all things, affirmed.