Legal Opinion

Crawford v. Commissioner

United States Tax Court

Decided March 30, 1951No. Docket No. 25788Published

Capital Asset -- Real Property Used in the Trade or Business. -- A property acquired by a widow partly by devise from her husband and later partly by purchase which she had abandoned as a residence immediately after her husband's death and unsuccessfully attempted to rent over a long period was real property used in her business within the meaning of section 117 (a) (1), as amended by section 151 (a), Revenue Act of 1942, so that the loss therefrom was deductible for income…

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Capital Asset -- Real Property Used in the Trade or Business. -- A property acquired by a widow partly by devise from her husband and later partly by purchase which she had abandoned as a residence immediately after her husband's death and unsuccessfully attempted to rent over a long period was real property used in her business within the meaning of section 117 (a) (1), as amended by section 151 (a), Revenue Act of 1942, so that the loss therefrom was deductible for income tax purposes and was not a capital loss.

1Opinion of the Court

Mary E. Crawford, Petitioner, v. Commissioner of Internal Revenue, Respondent

Crawford v. Commissioner

Docket No. 25788

United States Tax Court

16 T.C. 678; 1951 U.S. Tax Ct. LEXIS 234;

March 30, 1951, Promulgated

Decision will be entered under Rule 50.

Capital Asset -- Real Property Used in the Trade or Business. -- A property acquired by a widow partly by devise from her husband and later partly by purchase which she had abandoned as a residence immediately after her husband's death and unsuccessfully attempted to rent over a long period was real property used in her business within the meaning of…

2Cases cited10 opinions

  1. Hazard v. CommissionerUnited States Tax Court · 1946
  2. Leslie v. CommissionerUnited States Tax Court · 1946
  3. Carter-Colton Cigar Co. v. CommissionerUnited States Tax Court · 1947
  4. Campbell v. CommissionerUnited States Tax Court · 1945
  5. Alamo Broadcasting Co. v. CommissionerUnited States Tax Court · 1950

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