Edwards v. Bromberg

HUTCHESON, Chief Judge.

The suit, based on timely filed claims for refund, was brought to recover income taxes overpaid for the years 1948 and 1949, in the respective amounts of $14,293.62 and $775.72.

The claim was that the taxpayer had suffered losses from theft deductible under Sec. 23(e) (3)1 in excess of $62,500 in 1948 and of $1550 in 1949, at the hands of one Goldberg who, having received money from him under the fraudulent pretense that it would be bet on a horse race or races, had embezzled the money and converted it to his own use.

The collector’s representative, contenting himself…