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  5. 8 T.C.M. 126 (1949)
 

BECK v. COMMISSIONER

Docket Nos. 15285, 15286.

8 T.C.M. 126 (1949)

Richard E. Beck v. Commissioner. Charlotte S. Beck v. Commissioner.

United States Tax Court.

Entered February 9, 1949.

Attorney(s) appearing for the Case

Allin H. Pierce, Esq., 135 So. LaSalle St., Chicago, Ill., for the petitioners. Charles D. Leist, Esq., for the respondent.

Memoradum Findings of Fact and Opinion

DISNEY, Judge:

These cases, duly consolidated, involve income taxes for the calendar year 1943. Deficiencies were determined as follows: Docket No. 15285, $5,446.87; Docket No. 15286, $5,499.19. The question for consideration is whether a loss taken upon depreciation of real estate is ordinary or capital, which in turn depends upon whether the real property was used in petitioners' trade or business and therefore was...

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