CRUTTENDEN v. COMMISSIONER

Docket No. 9037-75.

70 T.C. 191 (1978)

WALTER W. CRUTTENDEN AND FAY T. CRUTTENDEN, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed May 8, 1978.


Attorney(s) appearing for the Case

Lewis M. Porter, Jr., for the petitioners.

Harmon B. Dow, for the respondent.


GOFFE, Judge:

The Commissioner determined deficiencies in Federal income tax for the taxable year 1971 in the amount of $12,644. The issues for decision are as follows:

(1) Whether legal expenses paid by petitioner Fay T. Cruttenden to recover securities from a brokerage firm of which she was a shareholder represent a loss on a transaction entered into for profit under section 165(c)(2),2 or were ordinary and necessary expenses...

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