Legal Opinion

Durden v. Commissioner

United States Tax Court

Decided January 7, 1944No. Docket Nos. 109749, 109750PublishedCited by 61 opinions

Petitioners' residences were injured by an unusually violent blast in the course of operations by the county in a quarry about a half-mile distant. Insurance companies denied liability but compromised by paying comparatively small amounts, and the county compensated petitioners by making improvements on the premises.

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Petitioners' residences were injured by an unusually violent blast in the course of operations by the county in a quarry about a half-mile distant. Insurance companies denied liability but compromised by paying comparatively small amounts, and the county compensated petitioners by making improvements on the premises. Held, that the losses were deductible as arising from casualty within the language of section 23 (e) (3) of the Internal Revenue Code, to the extent of the difference between fair market value of the properties before and after the blast, reduced by the compensation received from…

1Opinion of the Court

OPINION.

Disnet, Judge:

The first question confronting us here is whether the taxpayers have sustained losses arising from a “casualty” within the meaning of section 23 (e) (3) of the Internal Revenue Code.1 Under the doctrine of ejvsdem generis, it is necessary to define the word “casualty” in connection with the words “fires, storms, shipwreck” immediately preceding it. “Casualty” has been variously defined, including “an undesigned, sudden and unexpected event”— Webster’s New International Dictionary; also as “an event due to some sudden, unexpected or unusual cause” — Matheson v.…

2Cases cited1 opinion

  1. Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891

3Cited by61 opinions

  1. Riss v. CommissionerUnited States Tax Court · 1971
  2. Durovic v. CommissionerUnited States Tax Court · 1970
  3. Axelrod v. CommissionerUnited States Tax Court · 1971
  4. Heyn v. CommissionerUnited States Tax Court · 1966
  5. White v. CommissionerUnited States Tax Court · 1967

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