Legal Opinion

Walz v. Commissioner

United States Board of Tax Appeals

Decided June 7, 1935No. Docket No. 75790PublishedCited by 19 opinions

LOSS - DIVISION OF COMMUNITY PROPERTY BY HUSBAND AND WIFE RESIDING IN TEXAS. - Petitioner's decedent and his wife, in a separation agreement, divided their community property and were divorced and the wife, among other things, received 400 shares of stock of a corporation having a cost basis to the community of $16,881 and a fair market value at the time of the division of property of $6,650. Held, petitioner's decedent, the husband, is not entitled to take a loss deduction…

Read the full summary

LOSS - DIVISION OF COMMUNITY PROPERTY BY HUSBAND AND WIFE RESIDING IN TEXAS. - Petitioner's decedent and his wife, in a separation agreement, divided their community property and were divorced and the wife, among other things, received 400 shares of stock of a corporation having a cost basis to the community of $16,881 and a fair market value at the time of the division of property of $6,650. Held, petitioner's decedent, the husband, is not entitled to take a loss deduction from his income by reason of the transaction.

1Opinion of the Court

OPINION.

Blacn :

In this proceeding respondent has determined a deficiency against petitioner’s decedent for the year 1931 of $405.70. Only a part of the deficiency is contested.

There is only one issue for us to determine, which is whether the petitioner is entitled to deduct an alleged loss of $10,231 representing the difference between the cost to the community of 400 shares of Radio Corporation of America stock, amounting to $16,881, and its fair market value, amounting to $6,650, which resulted from a partition of community property of the petitioner’s decedent and his wife, Rosalie B.…

2Cases cited3 opinions

  1. Gould v. GouldSupreme Court of the United States · 1917
  2. Hopkins v. BaconSupreme Court of the United States · 1930
  3. Audubon v. ShufeldtSupreme Court of the United States · 1901

3Cited by19 opinions

  1. Carrieres v. CommissionerUnited States Tax Court · 1975
  2. Gerlach v. CommissionerUnited States Tax Court · 1970
  3. Schacht v. CommissionerUnited States Tax Court · 1967
  4. Howard v. CommissionerUnited States Tax Court · 1959
  5. Ann Y. Oliver v. CommissionerUnited States Tax Court · 1949

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API