MERRITT v. COMMISSIONER

Docket No. 1785-65.

47 T.C. 519 (1967)

JAMES H. MERRITT, SR., AND AMANDA MERRITT, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed February 24, 1967.


Attorney(s) appearing for the Case

Donald G. Tripp, for the petitioners.

William L. McCulley, for the respondent.


TIETJENS, Judge:

Respondent determined deficiencies in the income taxes of petitioners for the taxable years 1961 and 1962 in the amounts of $3,267.42 and $3,550.69.

Some adjustments made by respondent have either been conceded or abandoned by petitioners, thus leaving three issues for our decision:

(1) Does section 267(a)(1), I.R.C. 1954, prohibit the deduction of a capital loss, and resulting capital loss carryovers, where the Internal Revenue...

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