Electro-Chemical Engraving Co. v. Commissioner

311 U.S. 513, 61 S. Ct. 372, 85 L. Ed. 308, 1941 U.S. LEXIS 1275, 1 C.B. 380, 24 A.F.T.R. (P-H) 1086

• Court: Supreme Court of the United States
• Decided: January 6, 1941
• Docket: 62
• Status: Published

Opinion

Mr. Justice Stone

delivered the opinion of the Court.

This' is a companion case to Helvering v. Hammel, ante, p. 504.

The question is whether the loss suffered by petitioner on foreclosure sale of his mortgaged property, acquired for profit, may be deducted in full from gross income or only to the extent provided by § 117 (d) of the 1934 Revenue Act. The statutory provisions involved are those of the 1934 Act relating to capital gains or losses, particularly “losses from sales or exchanges of capital assets” considered in the Hamrnel case which are made applicable to petitioner, a corporation, by § 23 (f) (j).

The Board of Tax Appeals ruled that petitioner’s.loss was deductible in full from its ordinary income. The court of appeals for the second circuit reversed the Board;-110 F. 2d 614, holding that the loss sustained by petitioner was a loss from a sale of capital assets, § 23 (j), which under § 117 (d) could be deducted from the gross income only to the extent of capital gains, plus $2,000. We . granted certiorari, 310 U. S. 622, so that the case might be considered with the conflicting decision of the court of appeals for the sixth circuit in the Hammel case, 108 F' 2d 753. For the reasons stated in our opinion "in the Hammel case we think that this case was rightly decided below.

Affirmed.

Mr. Justice Roberts dissents.