Johnson v. Commissioner
United States Tax Court
1. Petitioners in 1940 abandoned their residence (Plot "A") and offered the same for sale or rent. The main house was never rented, but the petitioners received rental income from certain minor portions of the premises from the time of abandonment until its sale in 1945. Held, petitioners sustained no deductible loss within the purview of section 23 (e), I. R. C., on the sale of such former residence in the taxable year 1945. 2. Petitioner, E. R. Fenimore Johnson,…
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1. Petitioners in 1940 abandoned their residence (Plot "A") and offered the same for sale or rent. The main house was never rented, but the petitioners received rental income from certain minor portions of the premises from the time of abandonment until its sale in 1945. Held, petitioners sustained no deductible loss within the purview of section 23 (e), I. R. C., on the sale of such former residence in the taxable year 1945. 2. Petitioner, E. R. Fenimore Johnson, individually owned unimproved real estate (Plot "B") adjoining Plot "A" and which he sold as a unit with Plot "A" in 1945. Held,…
1Opinion of the Court
OPINION.
LeMire, Judge:
The primary question is whether the petitioners sustained a deductible loss under section 23 (e) of the Internal Revenue Code on the sale in the taxable year 1945 of their former residence situate in Moorestown, New Jersey.
The petitioners contend that their former residence was abandoned about September 9,1940, and thereafter, until the date of sale, a portion of the premises was continuously rented, constituting an appropriation of the property to business uses and entitling them to deduct the net loss in full under 23 (e) (1) of the Code. The respondent contends that…
2Cases cited6 opinions
- Heiner v. TindleSupreme Court of the United States · 1928
- Robinson v. CommissionerUnited States Tax Court · 1943
- Horrmann v. CommissionerUnited States Tax Court · 1951
- Schmidlapp v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
- Rumsey v. CommissionerCourt of Appeals for the Second Circuit · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bolaris v. CommissionerUnited States Tax Court · 1983
- Bolaris v. CommissionerUnited States Tax Court · 1983
- Hamrick v. CommissionerUnited States Tax Court · 1979
- Johnson v. CommissionerUnited States Tax Court · 1952
- Yarbro v. CommissionerUnited States Tax Court · 1982