Wilmington Trust Co. v. Helvering, 316 U.S. 164 (1942)

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Wilmington Trust Co. v. Helvering

No. 775

Argued April 10, 1942
Decided April 27, 1942
316 U.S. 164

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. A finding of the Board of Tax Appeals that certain sale of stock by the taxpayer in this case were ordinary sale, and not "short" sales, was supported by substantial evidence, and was therefore conclusive. P. 167.

2. The criteria which the Board employed in determining whether the sales of stock in this case were "short" sales complied with the legal principles announced in Provost v. United States, 269 U.S. 443. P. 168.

3. The Circuit Court of Appeals is authorized by statute to modify or reverse a decision of the Board of Tax Appeals only if it is "not in accordance with law." P. 168.

124 F.2d 156 reversed.

Certiorari, 315 U.S. 789, to review the reversal of a decision of the Board of Tax Appeals, 42 B.T.A. 173, redetermining a deficiency in income tax.