Legal Opinion

Gutwirth v. Commissioner

United States Tax Court

Decided June 27, 1963No. Docket Nos. 77881, 77884, 77952Published

1. Held: Petitioners are entitled to deduction for loss in respect of factory property in Belgium arising out of damage from German V-bombs. Although the property had previously been seized or deemed seized by the enemy, there was a recovery in 1944, and the bomb damage occurred thereafter.

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1. Held: Petitioners are entitled to deduction for loss in respect of factory property in Belgium arising out of damage from German V-bombs. Although the property had previously been seized or deemed seized by the enemy, there was a recovery in 1944, and the bomb damage occurred thereafter. Adjusted basis of the property and amount of damage determined. 2. Held: Residence of petitioner in Belgium was recovered in January 1946, with consequence that he was entitled to deduction for losses arising out of theft or vandalism or both in respect of the property occurring thereafter. Amount of such…

1Opinion of the Court

Charles Gutwirth, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Gutwirth v. Commissioner

Docket Nos. 77881, 77884, 77952

United States Tax Court

40 T.C. 666; 1963 U.S. Tax Ct. LEXIS 89;

June 27, 1963, Filed

Decisions will be entered under Rule 50.

1. Held: Petitioners are entitled to deduction for loss in respect of factory property in Belgium arising out of damage from German V-bombs. Although the property had previously been seized or deemed seized by the enemy, there was a recovery in 1944, and the bomb damage occurred thereafter. Adjusted basis of the property and amount…

2Cases cited13 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Abraham v. CommissionerUnited States Tax Court · 1947
  3. Solt v. CommissionerUnited States Tax Court · 1952
  4. Adler v. CommissionerUnited States Tax Court · 1947
  5. Heckett v. CommissionerUnited States Tax Court · 1947

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