Hoppe v. Commissioner
United States Tax Court
Dry rot damage discovered in 1959 held not deductible as a casualty loss under section 165(c)(3), I.R.C. 1954. E. G. Kilroe, 32 T.C. 1304, distinguished.
1Opinion of the Court
OPINION
Baum, Judge:
Petitioners contend that they are entitled to a deduction for a casualty loss under section 165(c) (3) of the 1954 Code1 in respect of the dry rot damage discovered in their house in November 1959.
Section 165(c) (3) speaks of losses arising from “fire, storm, shipwreck, or other casualty * * And the term “casualty” has been interpreted to mean “an accident, a mishap, some sudden invasion by a hostile agency; it excludes the progressive deterioration of property through a steadily operating cause.” Fay v. Helvering, 120 F. 2d 253 (C.A. 2); United States v. Rogers, 120 F. 2d…
2Cases cited9 opinions
- Fay v. HelveringCourt of Appeals for the Second Circuit · 1941
- Matheson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1931
- United States v. RogersCourt of Appeals for the Ninth Circuit · 1941
- Rosenberg v. Commisssioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1952
- Kilroe v. CommissionerUnited States Tax Court · 1959
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Mitchell v. CommissionerUnited States Tax Court · 1964
- Maher v. CommissionerUnited States Tax Court · 1981
- Rudolf Lewis Hoppe and Ann Erna Hoppe v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1966
- Coleman v. CommissionerUnited States Tax Court · 1981
- Black v. CommissionerUnited States Tax Court · 1977
20 more not listed; retrieve them via the Exa API.