De Boer v. Commissioner
United States Tax Court
Petitioner husband suffered a loss from sale of property owned by him in fee. The sale was made to his step-grandson, the grandson of his wife through a former marriage. The loss was claimed on a joint income tax return. Held, the deduction is proper in a joint return and is not barred by section 24 (b) (1) (A) of the Internal Revenue Code.
1Opinion of the Court
OPINION.
Nice, Judge:
For the year 1946 respondent disallowed a deduction of $3,848.09 as a loss on sale of property and determined a deficiency of $1,641.06 in income tax. The sole issue is whether such a loss constitutes a “family loss” within the meaning of section 24 (b) of the Internal Revenue Code so as to prevent its deduction.
All the facts were stipulated, are so found and are incorporated herein.
J. Henry DeBoer (hereinafter referred to as Henry) and Martha DeBoer (hereinafter referred to as Martha) are husband and wife residing in Syracuse, New York. The joint return for their taxable…
2Cases cited2 opinions
- Helvering v. JanneySupreme Court of the United States · 1940
- Topek v. CommissionerUnited States Tax Court · 1947
3Cited by5 opinions
- Drybrough v. CommissionerUnited States Tax Court · 1964
- Cavaretta v. Comm'rUnited States Tax Court · 2010
- Commissioner of Internal Revenue v. J. Henry De Boer and Martha DeboerCourt of Appeals for the Second Circuit · 1952
- De Boer v. CommissionerUnited States Tax Court · 1951
- Drybrough v. CommissionerUnited States Tax Court · 1964