HOFFMAN, District Judge.
This is an action instituted by plaintiffs to recover income taxes paid for the calendar year 1949 pursuant to a deficiency assessment and a subsequent denial of a claim for refund. The plaintiff, Peggy Biscow, is a party by reason of having filed a joint return with her husband, Isadore Biscow. The controversy arises from the disallowance, as a deductible loss, of the undepreciated cost of a certain building acquired in
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