Legal Opinion

Miller v. Commissioner

United States Tax Court

Decided October 29, 1980No. Docket Nos. 1538-79, 10923-79Published

P and M were brothers who inherited from their father stock in a family corporation and an interest in real estate. They also jointly purchased other real property. Later, hostility developed between them. They retained arbitrators who directed that P sell M his stock in the corporation and his interests in three parcels of the real estate. P claimed long-term capital loss and ordinary loss deductions on the sales to his brother.

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P and M were brothers who inherited from their father stock in a family corporation and an interest in real estate. They also jointly purchased other real property. Later, hostility developed between them. They retained arbitrators who directed that P sell M his stock in the corporation and his interests in three parcels of the real estate. P claimed long-term capital loss and ordinary loss deductions on the sales to his brother. Held: The deductions for losses sustained from the sales of property between brothers are not allowed by sec. 267, I.R.C. 1954. Family hostility does not create an…

1Opinion of the Court

David L. Miller and Frances A. Miller, Petitioners v. Commissioner of Internal Revenue, Respondent

Miller v. Commissioner

Docket Nos. 1538-79, 10923-79

United States Tax Court

75 T.C. 182; 1980 U.S. Tax Ct. LEXIS 34;

October 29, 1980, Filed

Decisions will be entered under Rule 155.

P and M were brothers who inherited from their father stock in a family corporation and an interest in real estate. They also jointly purchased other real property. Later, hostility developed between them. They retained arbitrators who directed that P sell M his stock in the corporation and his interests in three parcels…

2Cases cited16 opinions

  1. United States v. DavisSupreme Court of the United States · 1970
  2. McWilliams v. CommissionerSupreme Court of the United States · 1947
  3. Eva D. Bradbury v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1962
  4. Robin Haft Trust v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1975
  5. Niedermeyer v. CommissionerUnited States Tax Court · 1974

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