Legal Opinion

Weingarten v. Commissioner

United States Tax Court

Decided April 17, 1962No. Docket No. 90525Published

1. Held, petitioners sustained a theft loss on account of withdrawals from a joint bank account under circumstances which constituted embezzlement under applicable California law. 2. Amount of loss determined.

1Opinion of the Court

Saul M. Weingarten and Miriam E. Weingarten, Petitioners, v. Commissioner of Internal Revenue, Respondent

Weingarten v. Commissioner

Docket No. 90525

United States Tax Court

38 T.C. 75; 1962 U.S. Tax Ct. LEXIS 155;

April 17, 1962, Filed

Decision will be entered under Rule 50.

1. Held, petitioners sustained a theft loss on account of withdrawals from a joint bank account under circumstances which constituted embezzlement under applicable California law.

2. Amount of loss determined.

Saul M. Weingarten, pro se.

Robert H. Elliott, Jr., Esq., for the respondent.

Train, Judge.

TRAIN

Respondent determined a…

2Cases cited19 opinions

  1. James v. United StatesSupreme Court of the United States · 1961
  2. Monteleone v. CommissionerUnited States Tax Court · 1960
  3. People v. TalbotCalifornia Supreme Court · 1934
  4. People v. RoyceCalifornia Supreme Court · 1895
  5. Vietzke v. CommissionerUnited States Tax Court · 1961

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