Rudolf Lewis Hoppe and Ann Erna Hoppe v. Commissioner of Internal Revenue

HAMLIN, Circuit Judge.

Rudolf L. Hoppe and Ann E. Hoppe, petitioners herein, filed a joint income tax return for the year 1959 in which they claimed a deduction for a casualty loss in the amount of $5,752.00 by reason of their discovery in that year of dry rot damage to their home in Richmond, California. The deduction was disallowed by the Commissioner of Internal Revenue, respondent herein, who assessed a deficiency in tax against petitioners in the sum of $1,222.96. Petitioners timely filed a petition with the Tax Court for a redetermination of this deficiency under 26 U.S.C. § 6213. After…