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McLEAN v. COMMISSIONER OF INTERNAL REVENUE

No. 8234.

285 F.2d 756 (1961)

George T. McLEAN and Amelia G. McLean, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fourth Circuit.

Decided January 23, 1961.

Attorney(s) appearing for the Case

T. Howard Spainhour, Norfolk, Va., for petitioners.

C. Guy Tadlock, Atty., Dept. of Justice, Washington, D. C., (Charles K. Rice, Asst. Atty. Gen. and Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., on brief), for respondent.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

PER CURIAM.

Disallowing the taxpayers' claimed deduction for a loss of $12,548.98 sustained in the operation of a horse farm in the year 1953, The Commissioner of Internal Revenue determined a tax deficiency against the taxpayers of $7,929.86. The case is before us on the taxpayers' petition for review.

The claim for the deduction is based upon the alleged operation of the farm as a business in 1953. While the Commissioner recognized that losses incurred in...

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