United States Tax Court September 18, 1980, Docket No. 4971-79 (Austin v. Commissioner)

lead-opinion

Irwin, Judge:

By letter dated January 17, 1979, respondent has determined a deficiency of $767.62 in petitioners’ 1975 Federal income taxes. The issue for decision is whether petitioners are entitled to deduct, as a casualty loss pursuant to section 165(c)(3),1 the value of 20 trees which were removed from their property during 1975.