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FELDMAN v. WOOD

No. 18908.

335 F.2d 264 (1964)

Meyer FELDMAN, Appellant, v. Wilson B. WOOD, Director of Internal Revenue for Arizona, Appellee.

United States Court of Appeals Ninth Circuit.

August 5, 1964.

Attorney(s) appearing for the Case

David W. Richter, Whitehill, Feldman & Scott, Tucson, Ariz., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Edward B. Greensfelder, Jr., Norman Sepenuk, Attys., Dept. of Justice, Washington, D. C., and C. A. Muecke, U. S. Atty., Jo Ann Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before MADDEN, Judge of the Court of Claims, and MERRILL and DUNIWAY, Circuit Judges.

MERRILL, Circuit Judge.

Appellant taxpayer has brought this suit for refund of income taxes claimed by him and denied by appellee. The question presented is whether taxpayer has suffered a loss under § 165 of the Internal Revenue Code of 1954,1 by virtue of the demolition of buildings by taxpayer's lessee pursuant to permission to demolish granted by the lease.

On June 1, 1955, taxpayer entered into a 99-year lease of the...

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