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PULVERS v. C. I. R.

No. 22206.

407 F.2d 838 (1969)

Harvey and Florence PULVERS, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent

United States Court of Appeals Ninth Circuit.

February 6, 1969.

Attorney(s) appearing for the Case

Harvey D. Pulvers (argued), pro. per.

Richard M. Roberts, Washington, D. C. (argued), Mitchell Rogovin, Asst. Atty. Gen., Lester R. Uretz, Chief Counsel, IRS, Lee A. Jackson, Wm. A. Friedlander, Bennet N. Hollander, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and THOMPSON, District Judge.

CHAMBERS, Circuit Judge.

Can taxpayers on their federal income tax return take a deduction for an "other casualty loss" when as a consequence of a nearby landslide that ruined three nearby homes, but did no physical damage to the property of taxpayers, with a resultant loss of value because of common fear the mountain might attack their residence and lot next? (There is yet no substantial impairment of ingress or egress on...

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