MAHER v. C. I. R.

No. 81-5561.

680 F.2d 91 (1982)

John A. MAHER and Madeline K. Maher, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Eleventh Circuit.

July 6, 1982.


Attorney(s) appearing for the Case

Wellisch & Metzger, Kurt Wellisch, Coral Gables, Fla., for petitioners.

John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Thomas M. Preston, Jr., Tax Div., Dept. of Justice, Washington, D. C., for respondent.

Before RONEY and KRAVITCH, Circuit Judges, and PITTMAN, District Judge.


RONEY, Circuit Judge:

Taxpayers claimed a casualty loss deduction on their 1974 federal income tax return for the death of 22 coconut palm trees due to a disease known as "lethal yellowing." The Tax Court disallowed the claim and assessed a deficiency. Contrary to taxpayers' argument that the destruction of their trees was a deductible casualty loss under Section 165(c)(3) of the Internal Revenue Code of 1954, we affirm.

Background

Taxpayers...

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