The Commissioner determined a deficiency in income tax for 1948 in the amount of $1,701.68. The only question for decision is whether it is proper to deduct $9,783.48 from the income of the decedent for the last taxable period which ended with his death. The deduction is claimed under section 23 (e) (1) of the 1939 Code as a loss incurred in a trade or business.
The return was filed with the collector of internal revenue for the district of Tennessee.
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