Howard F. Burns and Elna A. Burns v. United States

In thekak year 1948, an elm tree in the yard of plaintiffs’ home became infected with Dutch Elm disease. To prevent the spread of the disease to other trees on plaintiffs’ premises and in the neighborhood, and in obedience to a municipal ordinance, the diseased tree was removed and destroyed. Plaintiffs, claiming they had thus suffered a casualty loss within the meaning of Section 23(e)(3) of the Internal Revenue Code of 1939, 26 U.S. C.A. § 23(e)(3), deducted the amount of their loss in computing their income for the tax year.

This action was brought to recover the amount paid by plaintiff…