Legal Opinion

Johnson v. Commissioner

United States Tax Court

Decided August 24, 1976No. Docket No. 5916-73Published

J and C formed a partnership, and J purchased insurance on the life of C to protect his investment. C died, and partnership assets were distributed to C's widow in exchange for her assumption of a debt of the partnership. Held, any loss subsequently arising in connection with such partnership assets was not sustained by the partnership and J's loss was of his investment in the partnership.

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J and C formed a partnership, and J purchased insurance on the life of C to protect his investment. C died, and partnership assets were distributed to C's widow in exchange for her assumption of a debt of the partnership. Held, any loss subsequently arising in connection with such partnership assets was not sustained by the partnership and J's loss was of his investment in the partnership. Held, further, the life insurance proceeds compensated J for his loss within the meaning of sec. 165(a), I.R.C. 1954.

1Opinion of the Court

Alson N. Johnson and Margaret C. Johnson, Petitioners v. Commissioner of Internal Revenue, Respondent

Johnson v. Commissioner

Docket No. 5916-73

United States Tax Court

66 T.C. 897; 1976 U.S. Tax Ct. LEXIS 56;

August 24, 1976, Filed

Decision will be entered for the respondent.

J and C formed a partnership, and J purchased insurance on the life of C to protect his investment. C died, and partnership assets were distributed to C's widow in exchange for her assumption of a debt of the partnership. Held, any loss subsequently arising in connection with such partnership assets was not sustained by the…

2Cases cited12 opinions

  1. Real Estate - Land Title & Trust Co. v. United StatesSupreme Court of the United States · 1940
  2. Putoma Corp. v. CommissionerUnited States Tax Court · 1976
  3. Louis Spitalny and Betty Spitalny, His Wife v. United States of America, William Erdwurm and Bart F. Erdwurm, His Wife v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  4. Fox v. CommissionerUnited States Tax Court · 1968
  5. Estate of Munter v. CommissionerUnited States Tax Court · 1975

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