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FINKBOHNER v. UNITED STATES

No. 85-7217.

788 F.2d 723 (1986)

George W. FINKBOHNER, Jr. and Beverly R. Finkbohner, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 6, 1986.

Attorney(s) appearing for the Case

Finkbohner, Lawler & Olen, Stephen C. Olen, Mobile, Ala., for plaintiffs-appellees.

Michael L. Paup, Glenn L. Archer, Jr., Garry Gray, Patricia M. Bowman, (202) 633-3361 Ann Belanger Durney, Dept. of Justice, Tax Div., Washington, D.C., for defendant-appellant.

Before RONEY AND HATCHETT, Circuit Judges, and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge:

This is an appeal by the United States alleging error by the United States District Court for the Southern District of Alabama in entering judgment on a jury verdict. The jury awarded plaintiffs $12,500 as a casualty loss deduction under section 165(c)(3) of the Internal Revenue Code of 1954. Plaintiffs had claimed such a loss in their joint federal returns for 1980, in the amount of $24,900, the result of flood damage incurred in April...

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