Memoradum Findings of Fact and Opinion
DISNEY, Judge:
These cases, duly consolidated, involve income taxes for the calendar year 1943. Deficiencies were determined as follows: Docket No. 15285, $5,446.87; Docket No. 15286, $5,499.19. The question for consideration is whether a loss taken upon depreciation of real estate is ordinary or capital, which in turn depends upon whether the real property was used in petitioners' trade or business and therefore was...
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