KENMORE v. COMMISSIONER OF INTERNAL REVENUE

No. 229, Docket 22607.

205 F.2d 90 (1953)

KENMORE et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided June 10, 1953.


Attorney(s) appearing for the Case

Lincoln Orens, New York City, for petitioners.

I. Henry Kutz, H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Helen Goodner, Sp. Assts. to Atty. Gen., for respondent.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This appeal (petition to review) is from an order of the Tax Court assessing a deficiency in income tax for the year, 1945. The question is whether the petitioners were entitled to deduct a loss in that year, owing to a fire on the night of April 30, 1945 that destroyed their "villa" in Vienna. On December 11, 1941, when we declared war against Germany, Austria was in control of the Germans who continued to occupy Vienna until, at the earliest...

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