Gale v. Commissioner
United States Tax Court
Petitioner's house and personal property were damaged by fire on December 3, 1958. Petitioners claimed a casualty loss on their 1958 return for the excess of what they determined to be their damage over their maximum insurance coverage. Respondent allowed a part thereof.
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Petitioner's house and personal property were damaged by fire on December 3, 1958. Petitioners claimed a casualty loss on their 1958 return for the excess of what they determined to be their damage over their maximum insurance coverage. Respondent allowed a part thereof. The insurance companies denied liability in 1959, whereupon petitioners brought suits against them, obtaining judgments therein in 1961. On their 1959 return petitioners claimed a casualty loss in the amount of their damage not claimed on the 1958 return. Held, petitioners failed to prove that they sustained a loss not…
1Opinion of the Court
OPINION
Drennen, Judge:
Respondent determined a deficiency in petitioners’ income tax for the year 1959 in the amount of $8,000.65.
The only issue for decision is whether petitioners are entitled to a deduction for a fire loss in 1959 in the amount of $23,000.
All the facts were stipulated and are found accordingly.
Petitioners, husband and wife, resided in Houston, Tex., in 1959 and filed a joint Federal income tax return for that year with the district director of internal revenue at Austin, Tex.
On December 3, 1958, the dwelling house owned and occupied by petitioners at 4023 Grennoch Street,…
2Cases cited12 opinions
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
- Boehm v. CommissionerSupreme Court of the United States · 1945
- Estate of Scofield v. CommissionerUnited States Tax Court · 1956
- Commissioner of Internal Revenue v. HarwickCourt of Appeals for the Fifth Circuit · 1950
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