NIEHAUS v. COMMISSIONER

Docket No. 74622.

19 T.C.M. 217 (1960)

T.C. Memo. 1960-42

Frank H. Niehaus and Margaret Niehaus v. Commissioner.

United States Tax Court.

Filed March 18, 1960.


Attorney(s) appearing for the Case

Francis C. Flynn, Esq., 319 North 4th Street, St. Louis, Mo., for the petitioners. Claude R. Sanders, Esq., and James H. Martin, Esq., for the respondent.


Memorandum Opinion

VAN FOSSAN, Judge:

The respondent determined income tax deficiencies for the years 1954 and 1955 in the respective amounts of $1,092.80 and $950.70.

In their petition, petitioners assign as error the inclusion of the amount of $9,398.05 due and owing from a corporation as a short-term capital loss in the year 1954 rather than including the sum as a business bad debt to be deducted in the year 1955.

On brief, petitioners...

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