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KRAHMER v. UNITED STATES

Appeal Nos. 86-924, 86-980.

810 F.2d 1145 (1987)

Wolf KRAHMER and Herta C. Krahmer, Appellants/Cross-Appellees, v. The UNITED STATES, Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

February 4, 1987.

Attorney(s) appearing for the Case

Johannes R. Krahmer, Morris, Nichols, Arsht & Tunnel, Wilmington, Del., argued for appellants/cross-appellees. With her on the brief was Denison H. Hatch, Jr.

Joan Oppenheimer, Tax Div., Dept. of Justice, Washington, D.C., argued for appellee/cross-appellant. With her on the brief were Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup and Richard Farber.

Before MARKEY, Chief Judge, RICH and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

This is an appeal by the United States from the December 17, 1985, judgment of the United States Claims Court that taxpayer was entitled to a theft loss deduction under section 165(c) of the Internal Revenue Code of 19541 for the loss caused by a painting which had a forged signature. Wolf Krahmer (taxpayer)2 cross-appeals from that part of the judgment that held he was not entitled...

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