Legal Opinion

Heyn v. Commissioner

United States Tax Court

Decided June 9, 1966No. Docket No. 5998-64PublishedCited by 54 opinions

Held, an earthslide occurring during the course of excavation of a building site was a "casualty" within the meaning of section 165(c)(3), I.R.C. 1954. Amount of deductible loss determined.

1Opinion of the Court

The Commissioner determined a $7,955.17 deficiency in petitioner’s income tax for 1960. At issue is whether petitioner sustained a deductible casualty loss by reason of an earthslide, and if so in what amount.

EnSTDINGS OF FACT

The stipulated facts together with accompanying exhibits are incorporated herein by this reference.

Harry Heyn, a resident of Sausalito, Calif., filed his individual income tax return for the calendar year 1960 with the district director of internal revenue, San Francisco, Calif.

Prior to 1960, Heyn purchased a lot for $18,000 in Sausalito on the corner of Josephine Street…

2Cases cited10 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Ach v. CommissionerUnited States Tax Court · 1964
  3. Etta Potson Bodoglau, Administratrix of the Estate of Michael Potson, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1956
  4. Durden v. CommissionerUnited States Tax Court · 1944
  5. Austin Clapp, Gloria Clapp, Stuart P. Clapp, and Virginia M. Clapp v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963

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

3Cited by54 opinions

  1. Axelrod v. CommissionerUnited States Tax Court · 1971
  2. White v. CommissionerUnited States Tax Court · 1967
  3. Farber v. CommissionerUnited States Tax Court · 1972
  4. Byrne v. CommissionerUnited States Tax Court · 1988
  5. Blackman v. CommissionerUnited States Tax Court · 1987

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

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