Austin v. Commissioner
United States Tax Court
Petitioners had certain trees removed from their property in order to protect their residence. Held, the removal of the trees was not a casualty under sec. 165(c)(3).
1Opinion of the Court
Irwin, Judge:
By letter dated January 17, 1979, respondent has determined a deficiency of $767.62 in petitioners’ 1975 Federal income taxes. The issue for decision is whether petitioners are entitled to deduct, as a casualty loss pursuant to section 165(c)(3),1 the value of 20 trees which were removed from their property during 1975.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.
Petitioners Cade L. and Betty R. Austin, husband and wife, resided in Charlotte, N.C.,…
2Cases cited4 opinions
- White v. CommissionerUnited States Tax Court · 1967
- Farber v. CommissionerUnited States Tax Court · 1972
- Popa v. CommissionerUnited States Tax Court · 1979
- Aksomitas v. CommissionerUnited States Tax Court · 1968
3Cited by5 opinions
- Bailey v. CommissionerUnited States Tax Court · 1983
- Godwin v. Comm'rUnited States Tax Court · 2003
- Austin v. CommissionerUnited States Tax Court · 1980
- Clem v. CommissionerUnited States Tax Court · 1991
- Ross v. CommissionerUnited States Tax Court · 1982