FAY v. HELVERING

No. 185.

120 F.2d 253 (1941)

FAY et al. v. HELVERING, Commissioner.

Circuit Court of Appeals, Second Circuit.

June 2, 1941.


Attorney(s) appearing for the Case

William E. Matthews, of New York City (Charles J. Fay, of New York City, of counsel) for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Helen R. Carloss, and S. Dee Hanson, Sp. Assts. to Atty. Gen., for the respondent.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


PER CURIAM.

This appeal depends upon whether the destruction by termites of the roofs of two porches upon the taxpayers' house was a loss deductible from their joint income under § 23(e) (3), 26 U.S.C.A. Int.Rev.Code, as a loss "of property not connected with the trade or business, if the loss arises from fires, storms, shipwreck, or other casualty, or from theft." The case was tried upon the following stipulated facts. The house was built in 1913 and in September...

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