STRATTON ET AL.
v.
DALY

U.S. | 1962-12-10
No. 478
371 U.S. 934 Supreme Court of the United States (1962) Positive Treatment
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  • …applicability of this provision, and thereafter relied upon section 165(c) (2) quoted supra. No reason in law appears why he could not thus change his position. See Malat v. Commissioner of Internal Revenue, 302 F. 2d 700, 704 (9 Cir.), cert. denied 371 U.S. 934, 83 S.Ct. 308, 9 L.Ed.2d 271 (1962). We have no justification for disturbing the findings of the Tax Court. Cer [*1407] tainly they cannot be pronounced “clearly erroneous”. Duberstein v. Commissioner of Internal Revenue, 363 U.S. 278, 80 S.Ct. 119…

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