No. 693SC129.

167 S.E.2d 808 (1969)

5 N.C. App. 53

Kennedy W. WARD v. I. L. CLAYTON, Commissioner of Revenue of North Carolina.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

A. D. Ward, New Bern, for plaintiff appellant, and Kennedy W. Ward, New Bern, plaintiff appellant in personam.

Robert Morgan, Atty. Gen. by Myron C. Banks, Asst. Atty. Gen., for defendant appellee.

MORRIS, Judge.

Appellant's only assignment of error is the signing and entering of the judgment sustaining the Commissioner of Revenue and dismissing the action.

G.S. § 105-147 entitled "Deductions" provides:

"In computing net income there shall be allowed as deductions the following items: * * * (9) Losses of such nature as designated below: * * * b. Losses of property not connected with a trade or business sustained in the income year if arising...

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