U.S. Court of Appeals for the Fifth Circuit, 1964

United States v. Ferguson Barnes and Esther Barnes

United States v. Ferguson Barnes and Esther Barnes
U.S. Court of Appeals for the Fifth Circuit · Decided February 17, 1964 · Tuttle, Phillips, Jones
327 F.2d 986; 13 A.F.T.R.2d (RIA) 729; 1964 U.S. App. LEXIS 6356 (Federal Reporter, Second Series)

United States v. Ferguson Barnes and Esther Barnes

Opinion

PER CURIAM.

This is an appeal by the Government from a judgment based on a jury verdict in a taxpayer’s suit for refund. The sole issue in the case is whether loans and advances made by the taxpayer to his controlled corporation, which became worthless claims in his hands on the corporation’s insolvency, can be deducted as a worthless debt incurred in the taxpayer’s trade or business. The undisputed facts required a directed verdict in favor of the United States. They “showed no *987 more than a loss by an investor in a corporation resulting from a transaction entered into to bring profit to the corporation, and thereby to its stockholders”, United States v. Byck, (5 Cir.) 325 F.2d 551, December 20, 1963. See Whipple v. Commissioner, 373 U.S. 193, 83 S.Ct. 1168, 10 L.Ed.2d 288.

The judgment is reversed and the case is remanded for the entry of a judgment for the United States.

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