Legal Opinion
Estate of Philip Landau, Deceased, Herbert Landau and Sidney Landau, Executors v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided February 10, 1955No. 11335PublishedCited by 1 opinion
1Opinion of the Court
KALODNER, Circuit Judge.
This is a petition to review the decision of the Tax Court, which upheld the Commissioner’s determination of a deficiency in decedent-taxpayer’s income tax for the calendar year 1948. 21 T.C. 727.
The question presented is whether the petitioners, the executors of the decedent-taxpayer’s estate, have established that an ordinary loss was sustained in the taxable year here involved. The Tax Court held they did not, and we agree.
The decedent had reported as a capital loss in 1948 an amount representing the difference between what had previously been deposited in a…
2Cases cited11 opinions
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Heiner v. MellonSupreme Court of the United States · 1938
- Letts v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
- Commissioner of Internal Revenue v. Chase Nat. BankCourt of Appeals for the Second Circuit · 1941
- Kuehner v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1954
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Abrams v. CommissionerUnited States Tax Court · 1961