Legal Opinion

Alphonso v. Commissioner

United States Tax Court

Decided March 16, 2011No. Docket No. 17130-08PublishedCited by 1 opinion

P owned stock in CV, a cooperative housing corporation as defined in sec. 216(b), I.R.C., and leased from CV pursuant to a so-called proprietary lease an apartment in a building that CV owned. A retaining wall that CV owned collapsed, thereby causing certain damage. CV levied an assessment against each of its stockholder-tenants, including P, with respect to the damage caused by the collapse of the retaining wall.

Read the full summary

P owned stock in CV, a cooperative housing corporation as defined in sec. 216(b), I.R.C., and leased from CV pursuant to a so-called proprietary lease an apartment in a building that CV owned. A retaining wall that CV owned collapsed, thereby causing certain damage. CV levied an assessment against each of its stockholder-tenants, including P, with respect to the damage caused by the collapse of the retaining wall. P paid to CV the assessment (retaining wall assessment) that CV levied against her. P filed a Federal income tax return for her taxable year 2005 in which she claimed a casualty…

1Opinion of the Court

OPINION

CHIECHI, Judge:

This case is before us on respondent’s motion for summary judgment (respondent’s motion). We shall grant respondent’s motion.

Background

The record establishes and/or the parties do not dispute the following.

At the time she filed the petition in this case, petitioner resided in New York.

During 2005, the year at issue, 1 petitioner owned shares of stock in Castle Village Owners Corp. (Castle Village), a cooperative housing corporation as defined in section 216(b). 2 Castle Village owned a tract of land that overlooks the Henry Hudson Parkway and Riverside Drive in New York,…

2Cases cited12 opinions

  1. Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
  2. Swain v. Comm'rUnited States Tax Court · 2002
  3. Towers v. CommissionerUnited States Tax Court · 1955
  4. Funk v. Comm'rUnited States Tax Court · 2004
  5. Theodore C. Bonney v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957

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

3Cited by1 opinion

  1. Alphonso v. CommissionerCourt of Appeals for the Second Circuit · 2013

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

Powered by the Exa API