Estate of Finch v. Commissioner

OPINION.

HarRon, Judge:

The petitioners claim deduction for a loss under section 23 (e) of the 1939 Code in the amount of $9,783.48 in the taxable period which ended with the decedent’s death, which sum includes an alleged original investment of $300. There is no dispute about the amount of the loss. The question to be decided is whether the loss was sustained during the taxable period which began on January 1, 1948, and ended on June 27,1948.

The Commissioner has determined that the loss was not sustained during the above period, and that it did not occur by reason of the death of the decedent.…