Rasmussen

As will appear from the opinion on a former appeal, the principal question in this case is whether the entire sum of $100,000, there mentioned, was paid on account of the purchase price of capital stock of the corporation, or whether $57,-200 of that amount was an ordinary and necessary expense, paid and incurred during the taxable year in carrying on the trade and business of the corporation, or was a loss sustained by the corporation during the taxable year, not compensated for by insurance or otherwise. We there held that the complaint was sufficient in form and substance to show that the $57,200 was either an ordinary and necessary expense or a loss, and reversed the judgment of the trial court. Murray Hospital v. Rasmussen, 20 F.(2d) 29 . After the case was remanded, an answer was filed, and the ease came on for trial before a jury. At the close of all the testimony, the court directed the jury to return a verdiet in favor of the defendant, and from a judgment on the verdiet this appeal was prosecuted.

At the threshold of the ease, the appellant is met with the objection that no exception was reserved to the instruction of the court directing a verdiet in favor of the…