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HENNING v. COMMISSIONER

Docket No. 3202-67.

27 T.C.M. 987 (1968)

T.C. Memo. 1968-202

Everett E. Henning and Estelle M. Henning v. Commissioner.

United States Tax Court.

Filed September 16, 1968.

Attorney(s) appearing for the Case

Thomas A. Skornia, Hartford Bldg., 650 California St., San Francisco, Calif., for the petitioners. Joel A. Sharon, for the respondent.

Memorandum Opinion

TIETJENS, Judge:

The Commissioner determined deficiencies in petitioners' Federal income tax for the taxable year 1963 in the amount of $918.27. The only issue presented is whether a payment of $15,000 in 1963 in satisfaction of a judgment for damages in a wrongful death action is deductible as a business loss under section 165, I. R. C. 1954,1 or as a business expense under section 162.

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