BURNS v. UNITED STATES

No. 14040.

284 F.2d 436 (1960)

Howard F. BURNS and Elna A. Burns, Plaintiff-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 10, 1960.


Attorney(s) appearing for the Case

James C. Davis, Cleveland, Ohio, for appellants; Warren E. Hacker, Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief.

Louise Foster, Dept. of Justice, Washington, D. C., for appellee; Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Rita E. Hauser, Attys., Dept. of Justice, Washington, D. C., on the brief.

Before SIMONS, Senior Circuit Judge, HOLLAND, Senior District Judge, and O'SULLIVAN, Circuit Judge.


PER CURIAM.

In the tax year 1948, an elm tree in the yard of plaintiffs' home became infected with Dutch Elm disease. To prevent the spread of the disease to other trees on plaintiffs' premises and in the neighborhood, and in obedience to a municipal ordinance, the diseased tree was removed and destroyed. Plaintiffs, claiming they had thus suffered a casualty loss within the meaning of Section 23(e) (3) of the Internal Revenue Code of 1939, 26 U.S. C.A. § 23...

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