White v. Commissioner
United States Tax Court
Petitioners are husband and wife. In the fall of 1963 after assisting his wife in alighting from their family automobile, the husband accidentally slammed the door on his wife's hand. Her diamond engagement ring absorbed the full impact of the blow which broke two flanges of the setting holding the diamond in place. The diamond was dislodged and irretrievably lost in a leaf-covered gravel driveway. Diligent efforts to recover the diamond were unsuccessful.
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Petitioners are husband and wife. In the fall of 1963 after assisting his wife in alighting from their family automobile, the husband accidentally slammed the door on his wife's hand. Her diamond engagement ring absorbed the full impact of the blow which broke two flanges of the setting holding the diamond in place. The diamond was dislodged and irretrievably lost in a leaf-covered gravel driveway. Diligent efforts to recover the diamond were unsuccessful. Held, the slamming of the automobile door upon the wife's ring and the resulting loss of the diamond entitle the petitioners to deduct the…
1Opinion of the Court
Hott, Judge:
Respondent disallowed a claimed loss deduction of $1,200 and assessed against petitioners an income tax deficiency for the taxable year 1963 in the amount of $276. The sole question for our decision is whether the loss by petitioners of a diamond from petitioner Agnes’ engagement ring is a casualty loss allowable under section 165(c) (3), I.R.C. 1954.1
FINDINGS OF FACT
Some of the facts have been stipulated by the parties and such facts together with the stipulated exhibits are incorporated herein by this reference and adopted as our findings.
Petitioners are J ohn P. and Agnes S.…
2Cases cited4 opinions
- Durden v. CommissionerUnited States Tax Court · 1944
- Heyn v. CommissionerUnited States Tax Court · 1966
- Shearer v. AndersonCourt of Appeals for the Second Circuit · 1927
- Davis v. CommissionerUnited States Tax Court · 1960
3Cited by48 opinions
- Axelrod v. CommissionerUnited States Tax Court · 1971
- Farber v. CommissionerUnited States Tax Court · 1972
- Maher v. CommissionerUnited States Tax Court · 1981
- Popa v. CommissionerUnited States Tax Court · 1979
- Coleman v. CommissionerUnited States Tax Court · 1981
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