THOMAS v. C. I. R.

No. 20206.

324 F.2d 798 (1963)

Robert Y. H. THOMAS and Mary B. Thomas, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

November 7, 1963.


Attorney(s) appearing for the Case

William R. Frazier, Hill & Frazier, James P. Hill, Jacksonville, Fla., for petitioners.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Crane C. Hauser, Chief Counsel, I. R. S., Robert B. Alexander, Jr., Atty., I. R. S., David O. Walter, Alec A. Pandaleon, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal from a decision of the Tax Court holding that petitioners were not entitled to deduct losses sustained by them during the calendar years 1956, 1957 and 1958 in the operation of a farm which petitioners contend was carried on in the conduct of a bona fide trade or business.

The principal contention here is that the Tax Court, which decided this case dealing with the years 1956...

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