United States Board of Tax Appeals March 3, 1938, Docket No. 83054 (Day v. Commissioner)

*447OPINION'.

Muedock :

The Commissioner has disallowed the loss for the reason that in his opinion the petitioner made a gift of 100 shares of the stock to each of his four children. The petitioner has attempted to show that he sold the stock to a third party and his children purchased the stock from that third party. It is apparent from the testimony that Charles H. Jones & Co.