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ESTATE OF MARBURY v. COMMISSIONER

Docket No. 2748-66.

26 T.C.M. 551 (1967)

T.C. Memo. 1967-120

Estate of William B. Marbury, Jr., Deceased, Eula E. Marbury, Administratrix, and Eula E. Marbury v. Commissioner.

United States Tax Court.

Filed May 31, 1967.

Attorney(s) appearing for the Case

Kendall O. Schlenker, 1st Nat'l Bank Bldg., Albuquerque, N. Mex., for the petitioners. Ralph V. Bradbury, Jr., for the respondent.

Memorandum Findings of Fact and Opinion

FAY, Judge:

Respondent determined a deficiency in the Federal income tax of petitioners for the taxable year ending December 31, 1963, in the amount of $2,925.10.

The sole issue for determination is whether William B. Marbury, Jr., sustained a deductible loss in the taxable year 1963 from a transaction entered into for profit pursuant to section 165(c)(2) or a theft...

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