Legal Opinion

Kamins v. Commissioner

United States Tax Court

Decided May 14, 1970No. Docket No. 5981-68Published

Held, that the petitioner is entitled to deduct as a casualty loss under sec. 165, I.R.C. 1954, only one-half of the loss to a residence which, at the time of loss, was owned jointly by petitioner and her former husband as community property under the law of the State of Washington, notwithstanding the fact that, subsequent to the loss but within the same taxable year, the residence was set over to petitioner as her separate property pursuant to a stipulated property…

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Held, that the petitioner is entitled to deduct as a casualty loss under sec. 165, I.R.C. 1954, only one-half of the loss to a residence which, at the time of loss, was owned jointly by petitioner and her former husband as community property under the law of the State of Washington, notwithstanding the fact that, subsequent to the loss but within the same taxable year, the residence was set over to petitioner as her separate property pursuant to a stipulated property settlement incorporated in the decree granting petitioner a divorce from her former husband.

1Opinion of the Court

Armorel Kamins, Petitioner v. Commissioner of Internal Revenue, Respondent

Kamins v. Commissioner

Docket No. 5981-68

United States Tax Court

54 T.C. 977; 1970 U.S. Tax Ct. LEXIS 142;

May 14, 1970, Filed

Decision will be entered for the respondent.

Held, that the petitioner is entitled to deduct as a casualty loss under sec. 165, I.R.C. 1954, only one-half of the loss to a residence which, at the time of loss, was owned jointly by petitioner and her former husband as community property under the law of the State of Washington, notwithstanding the fact that, subsequent to the loss but within the same…

2Cases cited32 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Poe v. SeabornSupreme Court of the United States · 1930
  3. Lang v. CommissionerSupreme Court of the United States · 1938
  4. Schramm v. SteeleWashington Supreme Court · 1917
  5. Kessinger v. AndersonWashington Supreme Court · 1948

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