Legal Opinion

Blackman v. Commissioner

United States Tax Court

Decided March 24, 1987No. Docket No. 21436-84PublishedCited by 12 opinions

P set fire to his wife's clothes, and that fire spread to and destroyed his residence. P deducted the amount of the loss as a casualty loss within the meaning of sec. 165(c)(3), I.R.C. 1954. Held: 1. P is not entitled to a deduction for a casualty loss. 2. P failed to prove that his failure to file a timely return was due to reasonable cause within the meaning of sec. 6651(a), I.R.C. 1954. 3. P is not liable for the addition to tax under sec. 6653(a), I.R.C 1954, since he…

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P set fire to his wife's clothes, and that fire spread to and destroyed his residence. P deducted the amount of the loss as a casualty loss within the meaning of sec. 165(c)(3), I.R.C. 1954. Held: 1. P is not entitled to a deduction for a casualty loss. 2. P failed to prove that his failure to file a timely return was due to reasonable cause within the meaning of sec. 6651(a), I.R.C. 1954. 3. P is not liable for the addition to tax under sec. 6653(a), I.R.C 1954, since he had reason for claiming the deduction for the casualty loss.

1Opinion of the Court

SIMPSON, Judge-.

The Commissioner determined a deficiency of $22,737.38 in the petitioner’s Federal income tax for 1980 and additions to tax of $663.25 under section 6651(a) of the Internal Revenue Code of 1954,1 and of $1,136.87 under section 6653(a). After concessions, the issues remaining for decision are: (1) Whether the petitioner is entitled to a deduction for the loss of his residence by fire when that fire was started by him; (2) whether the petitioner's failure to file a timely Federal income tax return was due to reasonable cause; and (3) whether the petitioner’s underpayment of…

2Cases cited17 opinions

  1. Commissioner v. HeiningerSupreme Court of the United States · 1943
  2. Tank Truck Rentals, Inc. v. CommissionerSupreme Court of the United States · 1958
  3. Fuller v. CommissionerUnited States Tax Court · 1953
  4. Fuller v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
  5. Heyn v. CommissionerUnited States Tax Court · 1966

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Jon T. Stephens and Susanne Stephens v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1990
  2. Stephens v. CommissionerUnited States Tax Court · 1989
  3. Ambrose v. United StatesUnited States Court of Federal Claims · 2012
  4. De Cou v. CommissionerUnited States Tax Court · 1994
  5. Paulson v. CommissionerUnited States Tax Court · 1991

7 more not listed; retrieve them via the Exa API.

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