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FAHS v. TAYLOR

No. 15946.

239 F.2d 224 (1956)

John L. FAHS, individually and as United States Collector of Internal Revenue for the District of Florida, Appellant, v. DeWitt E. TAYLOR, Appellee.

United States Court of Appeals Fifth Circuit.

November 30, 1956.

Attorney(s) appearing for the Case

Carolyn R. Just, Atty., Tax Div., Dept. of Justice, Washington, D. C., E. David Rosen, Asst. U. S. Atty., Miami, Fla., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Atty., Washington, D. C., James L. Guilmartin, U. S. Atty., Miami, Fla., A. F. Prescott, Stanley P. Wagman, Attys., Dept. of Justice, Washington, D. C., for appellant.

Philip E. Paine, Miami, Fla., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal by the Internal Revenue Director for the State of Florida from a judgment in favor of the taxpayer following a suit for the recovery of income taxes for the years 1942 and 1943. The question presented is whether the trial court erred, in a trial without a jury, in concluding that a loss resulting from the sale of a piece of improved real estate by the taxpayer in 1944 constituted a...

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