KILROE v. COMMISSIONER

Docket No. 73257.

32 T.C. 1304 (1959)

E. G. KILROE AND FRANCES H. KILROE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed September 29, 1959.


Attorney(s) appearing for the Case

Irving M. Felder, Esq., for the petitioners.

Louis J. DeReuil, Esq., for the respondent.


FISHER, Judge:

Respondent determined a deficiency in income tax against petitioners for the taxable year 1955 in the amount of $465.13.

The issues presented for our consideration herein are: Whether petitioners are entitled to deduct a loss resulting from termite damage to their personal residence as a casualty loss within the meaning of section 165(c)(3) of the Code of 1954; whether the loss, if allowed, is deductible for the year 1955; and the amount...

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