AUSTIN v. C. I. R.

No. 34, Docket 26908.

298 F.2d 583 (1962)

James E. AUSTIN and Elizabeth G. Austin, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided January 19, 1962.


Attorney(s) appearing for the Case

Ben A. Matthews of Harper & Matthews, New York City (Vincent P. Uihlein, New York City, on the brief), for petitioners.

Donald P. Horwitz, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.


HAYS, Circuit Judge.

This is a petition for review of a decision of the Tax Court determining a deficiency in income tax for the year 1955. The Tax Court, sustaining a ruling of the Commissioner, held that a loss incurred by petitioners on the sale of real property was not deductible as a loss incurred in a trade or business or in a transaction entered into for profit, within the meaning of § 165 of the Internal Revenue Code of 1954 (26 U.S.C.A. § 165)....

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