Fay v. Commissioner
United States Board of Tax Appeals
DEDUCTIONS - LOSS - OTHER CASUALTY. - Damage to a residence by termites was not a loss from other casualty deductible under section 23(e)(3) of the Revenue Act of 1934.
1Opinion of the Court
OPINION.
Murdock:
The Commissioner determined a deficiency of $1,740.29 in the income tax of the petitioners for the calendar year 1935. The only issue for decision is whether or not a loss resulting from damage *207to the residence of the petitioners caused by termites is deductible under section 23 (e) (3) of the Kevenue Act of 1934. The Board adopts the stipulation of the parties as its findings of fact.
The petitioners reside at Dongan Hills, Staten Island, New York. They completed the construction of their residence there about December 10, 1913. Two frame porches were attached to the…
2Cited by32 opinions
- Kilroe v. CommissionerUnited States Tax Court · 1959
- Broido v. CommissionerUnited States Tax Court · 1961
- Batson v. CommissionerUnited States Tax Court · 1982
- Nelson v. CommissionerUnited States Tax Court · 1968
- Pryor v. CommissionerUnited States Tax Court · 1987
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