Legal Opinion

Heckett v. Commissioner

United States Tax Court

Decided April 18, 1947No. Docket No. 5160PublishedCited by 25 opinions

1. War Loss. -- On the facts, held, that petitioner sustained a war loss in 1941 under subsections (2) and (3) of section 127 (a), I. R. C., with respect to shares of stock of a Netherlands corporation.

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1. War Loss. -- On the facts, held, that petitioner sustained a war loss in 1941 under subsections (2) and (3) of section 127 (a), I. R. C., with respect to shares of stock of a Netherlands corporation. The amount of the loss sustained is determined. 2. Pleadings. -- Contention not covered by respondent's answer not considered. 3. War Loss. -- Petitioner claimed losses under subsection (2) of section 127 (a) for destruction or seizure of three groups of personal property left in the Netherlands in 1939. Held, petitioner failed to sustain burden of proving that certain items of property were…

1Opinion of the Court

OPINION.

Harron, Judge:

Petitioner claims deduction in the sum of $19,-870.24, for a war loss sustained on 17 shares of stock of the Dutch company, under section 127(a)(3) of the Internal Revenue Code, added by section 156 of the Revenue Act of 1942; and deduction for other war losses under section 127 (a) (2) in the total amount of $14,-870, which represents the alleged values on December 11,1941, of the personal property which was left in the Netherlands in 1939. The war loss from destruction of personal property was claimed by petitioner for the first time in an amendment to the petition.

Peti…

2Cases cited4 opinions

  1. Helvering v. OwensSupreme Court of the United States · 1939
  2. O'Meara v. CommissionerUnited States Tax Court · 1947
  3. Ford v. Comm'rUnited States Tax Court · 1946
  4. Adler v. CommissionerUnited States Tax Court · 1947

3Cited by25 opinions

  1. Millsap v. CommissionerUnited States Tax Court · 1966
  2. Abraham v. CommissionerUnited States Tax Court · 1947
  3. Solt v. CommissionerUnited States Tax Court · 1952
  4. Keeler v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1950
  5. Rozenfeld v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950

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