ESTATE OF LANDAU v. COMMISSIONER

Docket No. 40824.

21 T.C. 727 (1954)

ESTATE OF PHILIP LANDAU, DECEASED, HERBERT LANDAU AND SIDNEY LANDAU, EXECUTORS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated February 18, 1954.


Attorney(s) appearing for the Case

Sidney B. Gambill, Esq., and Robert F. Banks, Esq., for the petitioner.

Philip O. North, Esq., for the respondent.


The Commissioner determined a deficiency of $218.39 in the income tax of Philip Landau for 1948. The only assignment of error is the action of the Commissioner in failing "to allow a deduction for an ordinary loss, allowable in full, for the year 1948 in the amount of $9,550, rather than a net capital loss in the amount of $288.10, allowed in the statutory notice of deficiency for said year."

FINDINGS OF FACT.

Philip Landau filed his Federal income tax return...

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