WINSOR v. COMMISSIONER OF INTERNAL REVENUE

No. 5584.

278 F.2d 634 (1960)

Alan M. WINSOR et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals First Circuit.

May 20, 1960.


Attorney(s) appearing for the Case

Raymond C. Baldes, Boston, Mass., Alan M. Winsor, Boston, Mass., of counsel, for petitioners.

George F. Lynch, Attorney, Department of Justice, Washington, D. C., with whom Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson, Robert N. Anderson and Lloyd J. Keno, Attorneys, Department of Justice, Washington, D. C., were on brief, for respondent.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

This is a petition by taxpayer and his wife, who might well be termed hardluck termite victims, to review a decision of the Tax Court. In January, 1952 taxpayer contracted to buy a house, and placed his old one on the market. In April he moved into the second. In October, 1952 a prospective purchaser for the first house discovered termite damage. Later that same month taxpayer discovered extensive termite damage in his new house. Finding that...

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