Alphonso v. Commissioner
United States Tax Court
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.
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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
- Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
- Swain v. Comm'rUnited States Tax Court · 2002
- Towers v. CommissionerUnited States Tax Court · 1955
- Funk v. Comm'rUnited States Tax Court · 2004
- 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
- Alphonso v. CommissionerCourt of Appeals for the Second Circuit · 2013