Legal Opinion

Davis v. Commissioner

United States Tax Court

Decided June 24, 1960No. Docket No. 66589PublishedCited by 19 opinions

Petitioners suffered a loss due to vandalism. Held, under the facts, the loss, to the extent not compensated by insurance or otherwise, is deductible under section 23(e)(3), I.R.C. 1939.

1Opinion of the Court

Train, Judge:

The respondent determined deficiencies in petitioners’ income tax for 1953 and 1954 in the amounts of $464.82 and $310.70, respectively.

The issues for decision are the disallowance with respect to 1953 of deductions for a loss due to vandalism and for attorney fees and with respect to 1954 of a deduction claimed for “embezzlement and theft.”

FINDINGS OF FACT.

The petitioners are husband and wife who reside at Mojave, California. They filed joint returns for 1953 and 1954 with the district director of internal revenue at Los Angeles, California.

On March 23 or March 24, 1953, vandals…

2Cited by19 opinions

  1. Rink v. CommissionerUnited States Tax Court · 1969
  2. White v. CommissionerUnited States Tax Court · 1967
  3. Rafter v. CommissionerUnited States Tax Court · 1973
  4. Popa v. CommissionerUnited States Tax Court · 1979
  5. Gutwirth v. CommissionerUnited States Tax Court · 1963

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