UNITED STATES v. HOFFMAN

No. 22093.

423 F.2d 1217 (1970)

UNITED STATES of America, Appellant, v. Lee HOFFMAN and Judy Hoffman, husband and wife, Appellees.

United States Court of Appeals, Ninth Circuit.

March 27, 1970.


Attorney(s) appearing for the Case

Grant T. Wiprud (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Portland, Ore., Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, K. Martin Worthy, Chief Counsel, I. R. C., Washington, D. C., for appellant.

James R. Moore (argued), of Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for appellees.

Before CHAMBERS, HAMLIN and ELY, Circuit Judges.


PER CURIAM:

Taxpayers sued the United States for recovery of income taxes paid for the years 1958-1961. They claimed losses arising from payments to a bonding company under an agreement by which the taxpayers agreed to indemnify the company for losses it sustained as guarantor of performance of construction contracts made by the taxpayers' family corporation. The issue on appeal is whether the indemnity payments were deductible as ordinary losses incurred in a transaction...

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