# Coen v. Commissioner > United States Board of Tax Appeals · February 20, 1930 · 18 B.T.A. 1274 URL: https://www.frixlaw.com/law-library/cases/4489968 ## Case - **Full name:** GARNET W. COEN, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** February 20, 1930 - **Citations:** 18 B.T.A. 1274; 1930 BTA LEXIS 2491 - **Precedential status:** Published - **Opinion:** Opinion of the court by Steekhagen - **Judges:** Steekhagen - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4489968 ## Opinion text *1277 OPINION. Steekhagen : The losses sustained by petitioner in 1921 in respect of the Steel Co. and the Wyoming oil association were not “ losses resulting from the operation of a trade or business regularly carried on by the taxpayer ” and are not such as may, under section 204, Revenue Act of 1921, be carried into 1922. Fridolin Pabst, 6 B. T. A. 843; affd., 36 Fed. (2d) 614; Louis M. Goldberg, 9 B. T. A. 1355; affd., 36 Fed. (2d) 551; Harry J. Gutman, 7 B. T. A. 500; W. C. Harris, 8 B. T. A. 1234; J. L. Washburn, 16 B. T. A. 1091, now on review by Circuit Court of Appeals, Eighth Circuit. Decisions of the courts and of the Board in which it was merely held that the individual taxpayer was engaged in business or was in fact, in his own behalf, and not merely by reason of his investment in a corporation or association, regularly and actively carrying on the business in which he was engaged, are not controlling authorities for the application of the net loss provision. Such are Bryce v. Keith, 257 Fed. 133 ; Mente v. Eisner, 266 Fed. 161 ; Oscar K. Eysen bach, 10 B. T. A. 716; cited by petitioner. Nor are decisions determining the right of a taxpayer to deduct losses in the year sustained which do not involve the question whether as net losses they may be carried over. Such are A. L. Huey, 4 B. T. A. 370; A. H. Fell, 7 B. T. A. 263; L. C. Heydrich, 7 B. T. A. 950; J. H. G. Wolf, 8 B. T. A. 1121; C. H. Goodwin, 9 B. T. A. 1209; cited by petitioner. Judgment will be entered for the respondent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4489968. Public record. Not legal advice.