Opinion

Brown v. United States

  • 95 F.2d 487
  • 20 A.F.T.R. (P-H) 1127
  • 1938 U.S. App. LEXIS 4149
Court
Court of Appeals for the Third Circuit
Filed
Mar 2, 1938
Status
Published
Author
Thompson
On the bench
Davis and Thompson, Circuit Judges, and Dickinson, District Judge
Cited by
11 cases

“The very purpose of a foreclosure proceeding is to put an end to the right to redeem and thus to make the conveyance to the mortgagee absolute and unconditional.”

How later courts described this case

  • “The very purpose of a foreclosure proceeding is to put an end to the right to redeem and thus to make the conveyance to the mortgagee absolute and unconditional.”

Written by the judges who cited it.

The opinion

THOMPSON, Circuit Judge

(dissenting).

From the uncontradicted facts found by the trial judge sitting without a jury, I am constrained to conclude as a matter of law that the taxpayer is not entitled to the deduction permitted by section 23(e) and (j) of the Revenue Act of 1932, 26 U.'S.C.A. § 23 (e, k) and note, since he failed to ascertain the debt to be worthless and to charge it off within the taxable year.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.