MILLER v. COMMISSIONER

Docket No. 34827.

19 T.C. 1046 (1953)

THOMAS MILLER AND AGNES MILLER, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 10, 1953.


Attorney(s) appearing for the Case

Charles W. Hergenroeder, Esq., for the petitioners.

Roy E. Graham, Esq., for the respondent.


The Commissioner determined a deficiency of $602.14 in income tax for 1948 against the petitioners. The only issue for decision is whether the petitioners are entitled to a deduction of $3,627.36 under section 23 (e) (3) resulting from the failure of a contractor to complete the construction of a house.

FINDINGS OF FACT.

The petitioners, husband and wife, filed a joint return for 1948 with the collector of internal revenue for the twenty-third district of...

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