Tank v. Commissioner
United States Tax Court
Casualty Loss -- Sec. 23 (e) (3), I. R. C. 1939. -- In 1951, cracks developed in ceilings of rooms of petitioner's new residence, and at other places. The land where the house was constructed was adjacent to a river. The cracks, except for one, were never repaired. Petitioner has lived in the house continuously.
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Casualty Loss -- Sec. 23 (e) (3), I. R. C. 1939. -- In 1951, cracks developed in ceilings of rooms of petitioner's new residence, and at other places. The land where the house was constructed was adjacent to a river. The cracks, except for one, were never repaired. Petitioner has lived in the house continuously. He relied on the opinion of his architect that the cracks were the result of some unusual cause, unrelated to the construction of the house, and did not have any independent, expert investigation made of the condition of the house or the underlying earth. Held, that in order to…
1Opinion of the Court
OPINION.
Harron, Judge:
Petitioner claims deduction for a loss from “other casualty” under section 23 (e) (3) of the 1939 Code.1 Cracks developed in petitioner’s new house and he contends that the damage resulted from a casualty, and that loss was sustained in the taxable year measured by the difference in the fair market value of his property before and after the development of the cracks. Petitioner has the burden of proving that in the taxable year there was a casualty which comes within the term “other casualty,” that loss was sustained, and the amount of the loss.
The question of the amount…
2Cases cited11 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Helvering v. OwensSupreme Court of the United States · 1939
- Guggenheim v. RasquinSupreme Court of the United States · 1941
- Towers v. CommissionerUnited States Tax Court · 1955
- Matheson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1931
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3Cited by10 opinions
- Peterson v. CommissionerUnited States Tax Court · 1958
- Bailey v. CommissionerUnited States Tax Court · 1983
- Godwin v. Comm'rUnited States Tax Court · 2003
- Wold v. CommissionerUnited States Tax Court · 1963
- ChehUnited States Tax Court · 1992
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