# Metzger v. Commissioner

> United States Board of Tax Appeals · January 27, 1927 · 5 B.T.A. 1230

URL: https://www.frixlaw.com/law-library/cases/4607916

## Case

- **Full name:** L. METZGER, <emphasis typestyle="it">v.</emphasis> COMMISSIONER OF INTERNAL REVENUE
- **Court:** United States Board of Tax Appeals
- **Decided:** January 27, 1927
- **Citations:** 5 B.T.A. 1230; 1927 BTA LEXIS 3644
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Trammell
- **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/4607916

## Opinion text

L. METZGER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Metzger v. Commissioner
Docket No. 9682.
United States Board of Tax Appeals
5 B.T.A. 1230 ; 1927 BTA LEXIS 3644 ;
January 27, 1927 , Promulgated
*3644 C. R. Fletcher, Esq., for the petitioner.
Henry Ravenel, Esq., for the respondent.
TRAMMELL
*1230 TRAMMELL: This proceeding was instituted for the redetermination of a deficiency in income tax for 1921. The amount of loss resulting from petitioner's dealing in wheat was not claimed or deducted on petitioner's return, but is claimed in this proceeding for the first time.
FINDINGS OF FACT.
Petitioner is an individual residing at Minneapolis, Minn. On September 12, 1921, he purchased through Charles E. Lewis & Co., of Minneapolis, 10,000 bushels of Minnesota wheat at $1.42 1/4 or $14,225. On September 28, 1921, he purchased 10,000 bushels of wheat at $1.36 1/4 or $13,625. On October 1, 1921, he purchased 10,000 bushels of wheat at $1.32 1/4 or $13,225, making a total of *1231 $41,075. On October 5, 1921, the 30,000 bushels of wheat were sold at $1.24 3/4 per bushel, or at an aggregate price of $37,425. The petitioner also paid a brokerage fee of $7.50 on the sale. He thus sustained a deductible loss of $3,657.50.
Judgment will be entered on 15 days' notice, under Rule 50.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4607916. Public record. Not legal advice.
