U.S. Court of Appeals for the Third Circuit, 1935

Canister Co. v. Commissioner

Canister Co. v. Commissioner
U.S. Court of Appeals for the Third Circuit · Decided July 23, 1935
78 F.2d 1013; 16 A.F.T.R. (P-H) 573; 1935 U.S. App. LEXIS 4875 (Federal Reporter, Second Series)

Canister Co. v. Commissioner

Opinion of the Court

PER CURIAM.

This case turns on a question of fact; namely, whether the transaction in question was a bona fide sale which gave this taxpayer appellant a right, within the meaning of section 23 (f) of the Revenue Act of 1928 (26 USCA § 2023 (f), to claim the resultant loss as a deduction ' from its gross income.

The facts are so fully stated and discussed in the opinion of the Tax Board as to obviate a restatement. That tribunal held the proofs showed the alleged sale was not one in fact, but was a mere attempt to avoid income tax. Such finding was warranted, and, agreeing as we do therewith, the Tax Board’s holding is affirmed.

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