Legal Opinion

McCabe v. Commissioner

United States Tax Court

Decided September 29, 1970No. Docket No. 1158-68Published

In 1965, petitioners lost the use and occupancy of their home as a result of a fire in their kitchen. Through a provision in their fire insurance policy, they were reimbursed for the additional expense of maintaining substitute living quarters. The policy did not relieve them of any of their normal living expenses.

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In 1965, petitioners lost the use and occupancy of their home as a result of a fire in their kitchen. Through a provision in their fire insurance policy, they were reimbursed for the additional expense of maintaining substitute living quarters. The policy did not relieve them of any of their normal living expenses. Held, that the insurance proceeds paid to reimburse petitioners for additional living expenses occasioned by the fire constitute gross income to them under sec. 61, I.R.C. 1954. I. Hal Millsap, Jr., 46 T.C. 751, 762, affd. 387 F. 2d 420 (C.A. 8, 1968), followed for years prior to…

1Opinion of the Court

Neil F. McCabe and Evelyn C. McCabe, Petitioners v. Commissioner of Internal Revenue, Respondent

McCabe v. Commissioner

Docket No. 1158-68

United States Tax Court

54 T.C. 1745; 1970 U.S. Tax Ct. LEXIS 62;

September 29, 1970, Filed

Decision will be entered for the respondent.

In 1965, petitioners lost the use and occupancy of their home as a result of a fire in their kitchen. Through a provision in their fire insurance policy, they were reimbursed for the additional expense of maintaining substitute living quarters. The policy did not relieve them of any of their normal living expenses. Held, that…

2Cases cited18 opinions

  1. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  2. Hort v. CommissionerSupreme Court of the United States · 1941
  3. Hanover Bank v. CommissionerSupreme Court of the United States · 1962
  4. Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
  5. Helvering v. Independent Life InsuranceSupreme Court of the United States · 1934

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