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BRODRICK v. DERBY

No. 5225.

236 F.2d 35 (1956)

Lynn R. BRODRICK, Director of Internal Revenue for the District of Kansas, Appellant, v. A. L. DERBY and Ida E. Derby, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 3, 1956.

Attorney(s) appearing for the Case

C. Guy Tadlock, Washington, D. C. (Charles K. Rice, Acting Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Fred E. Youngman, Attys., Dept. of Justice, Washington, D. C., and William C. Farmer, U. S. Atty., Topeka, Kan., on the brief), for appellant.

Verne M. Laing, Wichita, Kan. (Lester L. Morris, Fred E. Evans, Jr., and Ralph R. Brock, Wichita, Kan., on the brief), for appellees.

Before BRATTON, Chief Judge, PHILLIPS, Circuit Judge, and ROGERS, District Judge.

BRATTON, Chief Judge.

This was an action instituted by A. L. Derby and his wife, Ida E. Derby, against Lynn R. Brodrick, Collector of Internal Revenue for the District of Kansas, to recover amounts paid as additional income taxes together with interest thereon for the taxable years 1948 and 1949. In their joint income tax returns for such years, A. L. Derby and Ida E. Derby claimed deductions from gross income for losses sustained in connection with certain harness...

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