W. L. SCHAUTZ CO. v. UNITED STATES

No. 227-75.

567 F.2d 373 (1977)

W. L. SCHAUTZ COMPANY v. The UNITED STATES.

United States Court of Claims.

December 14, 1977.


Attorney(s) appearing for the Case

Donald LaBarre, Jr., Bethlehem, Pa., for plaintiff, Robert Margolis, Bethlehem, Pa., attorney of record; Margolis, LaBarre & Kucy, Bethlehem, Pa., of counsel.

Patricia B. Tucker, Washington, D.C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D.C., for defendant; Theodore D. Peyser, Jr., Washington, D.C., of counsel.

Before DAVIS and KASHIWA, Judges.


OPINION

KASHIWA, Judge, delivered the opinion of the court:

This case is before us on an agreed stipulation of facts. The sole issue before the court for decision is whether a corporation is entitled to deduct a loss incurred from the sale in 1965 of a winter vacation home used solely by its shareholders. After careful consideration of the briefs and oral arguments presented, we hold it cannot for reasons hereafter stated.

The plaintiff, W. L. Schautz...

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