Legal Opinion

Lamphere v. Commissioner

United States Tax Court

Decided May 31, 1978No. Docket No. 1895-76PublishedCited by 76 opinions

Held: 1. Amount of deduction determined for charitable contributions in excess of that allowed by respondent. 2. Cost of repairs method for establishing the amount of a casualty loss under sec. 1.165-7(a)(2)(ii), Income Tax Regs., is satisfied by actual repairs and expenditures but not by an estimate.

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Held: 1. Amount of deduction determined for charitable contributions in excess of that allowed by respondent. 2. Cost of repairs method for establishing the amount of a casualty loss under sec. 1.165-7(a)(2)(ii), Income Tax Regs., is satisfied by actual repairs and expenditures but not by an estimate. Accordingly, petitioners are entitled to a casualty loss deduction of $ 965 resulting from hurricane Agnes in 1972 for actual repairs to a septic system, a well, and an electrical system. They are not entitled to a casualty loss deduction of $ 1,500 for the estimated cost of drilling a new well…

1Opinion of the Court

Dawson, Judge:

This case was assigned to and heard by Special Trial Judge Murray H. Falk pursuant to the provisions of section 7456(c) of the Internal Revenue Code1 and Rules 180 and 181, Tax Court Rules of Practice and Procedure.2 The Court agrees with and adopts his opinion which is set forth below.

OPINION OF THE SPECIAL TRIAL JUDGE

Falk, Special Trial Judge:

Respondent determined deficiencies of $49.74 and $701.29 in petitioners’ Federal income taxes for 1970 and 1972, respectively. Concessions having been made by both parties, the only issues for decision are: (1) Whether, for 1970,…

2Cases cited18 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  3. Roberts v. CommissionerUnited States Tax Court · 1974
  4. Helvering v. OwensSupreme Court of the United States · 1939
  5. Millsap v. CommissionerUnited States Tax Court · 1966

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3Cited by76 opinions

  1. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  2. Guest v. CommissionerUnited States Tax Court · 1981
  3. Batson v. CommissionerUnited States Tax Court · 1982
  4. Giles v. CommissionerUnited States Tax Court · 1985
  5. Corby v. CommissionerUnited States Tax Court · 1980

71 more not listed; retrieve them via the Exa API.

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