LUTZ v. C. I. R.

No. 77-1245.

593 F.2d 45 (1979)

Joel A. and Elaine B. LUTZ, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

February 22, 1979.


Attorney(s) appearing for the Case

David Lieberman, Sommers, Schwartz, Silver, Schwartz & Tyler, Southfield, Mich., Clyde Pritchard, Detroit, Mich., for petitioners-appellants.

Myron C. Baum, Acting Asst. Atty. Gen., Tax Division, U.S. Dept. of Justice, Washington, D.C., Gilbert E. Andrews, Ann Belanger Durney, William A. Whitledge, Meade Whitaker, Chief Counsel, Internal Revenue Service, Washington, D.C., for respondent-appellee.

Before WEICK and KEITH, Circuit Judges, and HOGAN, District Judge.


ORDER

This case concerns the issue of whether the appellant taxpayers properly deducted the sum of $62,716 as a casualty loss resulting from the 1968 flooding of their home. The IRS claimed that the actual loss was under $20,000 and assessed a deficiency. The factual issues were joined at trial before the tax court. The tax court judge concluded that the actual deductible loss was $27,500. Taxpayers appealed.

The taxpayers claim that it was an abuse of discretion...

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