Smith v. United States

BOYD, District Judge.

The plaintiff, Mrs. Walter Lane Smith, a resident citizen of Memphis, Tennessee, brings this action to recover Federal Income Taxes and interest, in the sum of $8,342.15, for the years 1942 and 1943, which she contends were erroneously and illegally assessed and collected.

The plaintiff contends she sustained a loss in the sale of an apartment building, known as the Deming Arms, located in the City of Chicago, Illinois, in the year 1941, which loss was an ordinary one and deductible under the provisions of Section 23(e), Internal Revenue Code, 26 U.S.C.A. § 23 (e), and…