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ESTATE OF WARREN v. COMMISSIONER

Docket No. 24847.

16 T.C. 563 (1951)

ESTATE OF BENTLEY W. WARREN, DECEASED, IRVIN MCD. GARFIELD, BENTLEY W. WARREN, JR., AND LYDIA M. LOFGREN, EXECUTORS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 2, 1951.

Attorney(s) appearing for the Case

James D. Dow, Esq., for the petitioner.

William C. W. Haynes, Esq., for the respondent.

The Commissioner has determined an overassessment in petitioner's income tax for the year 1939 in the amount of $1,453.21. This overassessment is primarily due to the allowance by the Commissioner of a net long term capital loss as a deduction from the net income as disclosed by the return of petitioner's decedent for the taxable year 1939. This adjustment is explained in the deficiency notice, as follows:

(b) Net long-term capital loss ----------------------...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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