U.S. Court of Appeals for the Second Circuit, 1958

Boehm v. Commissioner

U.S. Court of Appeals for the Second Circuit · Decided May 20, 1958

255 F.2d 684 (Federal Reporter, Second Series)

Counsel

Louis Boehm, New York City (Rubin H. Marcus and E. Perry Rabbino, New York City, on the brief), for petitioners-appellants., Davis W. Morton, Jr., Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and Robert N. Anderson, Attys., Dept, of Justice, Washington, D. C., on the brief), for respondent.

Cases that cite this one

1 later published case cites this decision.

Robert Boehm and Frances Boehm v. Commissioner of Internal Revenue (2d Cir. 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In a well considered opinion reported in 28 T.C. 407, Judge Harron has rejected the taxpayers’ claim of a loss deduction on sale of stock, holding that the wife’s sale of shares in her wholly owned corporations to her father-in-law and the purchase by the corporations of the same amount at the same price on the same day amounted to an indirect sale between her and her corporations, as prohibited by I.R.C.1939, § 24(b) (1) (B). As Judge Harron shows, the fact that the family relationship was not that defined in the somewhat corresponding prohibition of § 24(b) (1) (A) is immaterial. We are content to affirm on her opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.