Court of Appeals for the Ninth Circuit August 13, 1982, 81-4433 (Sheldon Portman and Marion G. Portman v. United States)

SWYGERT, Senior Circuit Judge.

Plaintiffs-taxpayers, Sheldon and Marion Portman, brought this suit for a tax refund after the Internal Revenue Service disallowed their deduction for a “casualty” loss under section 165(c)(3)

1

of the Internal Revenue Code. In December 1973, the taxpayers bought a new home in San Jose, California.