Carl H. Root v. United States

This is an appeal from a summary judgment entered June 21, 1960, on motion of the defendant whereby it was “ordered, adjudged and decreed that plaintiff take nothing and that the action be, and is hereby, dismissed on the merits, each party to bear its own costs.”

The subject matter of this controversy is disclosed by appellant’s response to requests for admissions as follows:

In Paragraphs 1 to 6, inclusive, of appellant’s response to request for admissions, appellant admits that Exhibits A, B, C, D, E and F, attached to the re quest for admissions, are true, correct and complete copies of claims for refund for the calendar years 1951, 1952, 1953, 1954, 1955, and 1956. The remaining paragraphs of the admissions are:

Applicable portions of § 23 of the Internal Revenue Code of 1939, 26 U.S. C.A., are:

It does not appear from the record that appellant made or claimed deductions for theft loss in his computation of net income in any of his income tax returns for the years 1951 through 1956. After having been allowed a $1,000 deduction for non-business bad debt on his federal income tax returns for each of the years 1951 through 1957, appellant, on May 13, 1957, filed claims…