Legal Opinion

Bliss v. Commissioner

United States Tax Court

Decided February 13, 1957No. Docket No. 56458PublishedCited by 7 opinions

A storm damaged property in which petitioner had a legal life estate. The cost of removing the debris was $ 1,341.56, and the remaining damage to the property was $ 30,000. Held, the Commissioner erred in failing to allow petitioner to deduct any portion of the $ 30,000. Held, further, petitioner is not entitled to deduct the full amount thereof; she is entitled to deduct a portion thereof allocable to her life estate.

1Opinion of the Court

OPINION.

Baum, Judge:

The Commissioner determined a deficiency in income tax for 1950 in the amont of $36,718.45. Only one adjustment is now in controversy. At issue is the amount allowable to petitioner as a deduction for casualty loss sustained by reason of damage to property caused by a windstorm. Sec. 23 (e) (3), I. B. C. 1939. The facts have been stipulated.

Petitioner was born October 7, 1870. Her husband died in 1924. He devised to her a legal life estate in a residence and farm known as Wendover located in Morris and Somerset Counties, New Jersey. The remainder was devised to executors…

2Cases cited1 opinion

  1. Helvering v. OwensSupreme Court of the United States · 1939

3Cited by7 opinions

  1. Carloate Industries, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  2. Steinert v. CommissionerUnited States Tax Court · 1959
  3. FRYER v. COMMISSIONERUnited States Tax Court · 1974
  4. Bliss v. CommissionerUnited States Tax Court · 1957
  5. Miller v. CommissionerUnited States Tax Court · 1975

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