Clark v. Kavanagh

HICKS, Circuit Judge.

Suit by apellants against appellee to recover $20,562.81 paid under protest as income taxes for 1939. The case was tried by the District Judge without a jury. Emory W. Clark, the only appellant having any interest here, will be referred to as the taxpayer.

The evidence consisted of stipulated facts adopted by the court and the testimony of the taxpayer. The question here is one of law, namely, whether under Sec. 23(e) of the Internal Revenue Code, 26 U. S.C.A. Irit.Rev.Code, § 23(e), the taxpayer is entitled to recover the amount sued for, as a deduction for loss incurred,…