Legal Opinion

Popa v. Commissioner

United States Tax Court

Decided October 22, 1979No. Docket No. 3144-78PublishedCited by 21 opinions

Petitioner maintained a home in Saigon. While he was away on a short business trip, the city fell to the North Vietnamese. He was never able to return and consequently claimed a $ 12,691 casualty loss on his 1975 return for the value of his goods left behind.

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Petitioner maintained a home in Saigon. While he was away on a short business trip, the city fell to the North Vietnamese. He was never able to return and consequently claimed a $ 12,691 casualty loss on his 1975 return for the value of his goods left behind. Held: The unprecedented suddenness with which the United States left Saigon and Saigon's subsequent seizure by the North Vietnamese resulted in petitioner's loss of property in a casualty comparable to those set forth in sec. 165(c)(3), I.R.C. 1954. His inability to specify the precise manner in which his property was destroyed or…

1Opinion of the Court

Sterrett, Judge:

By letter dated October 27,1977, respondent determined a deficiency in petitioner’s income taxes paid for his taxable year ended December 31, 1975, in the amount of $3,206.23. After concessions, the only issue for our decision is whether or not petitioner sustained a casualty loss within the meaning of section 165(c)(3), I.R.C. 1954, when various of his personal possessions, located in the Republic of Vietnam, were lost when the government of that nation fell to the North Vietnamese.

FINDINGS OF FACT

Some of the facts have been stipulated and are so found. The stipulation of…

2Cases cited6 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. White v. CommissionerUnited States Tax Court · 1967
  3. Solt v. CommissionerUnited States Tax Court · 1952
  4. Louisa B. Gunther Farcasanu v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1970
  5. Davis v. CommissionerUnited States Tax Court · 1960

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

3Cited by21 opinions

  1. Billman v. CommissionerUnited States Tax Court · 1979
  2. Austin v. CommissionerUnited States Tax Court · 1980
  3. Marc L. Mancini v. CommissionerUnited States Tax Court · 2019
  4. Austin v. CommissionerUnited States Tax Court · 1985
  5. Austin v. CommissionerUnited States Tax Court · 1980

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

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