Abraham v. Commissioner
United States Tax Court
1. Petitioner left France in May 1940, at which time he owned certain real property, consisting of lands and buildings, and personal property, all of which in the latter part of June 1940 was in the German occupation zone. On his return to France in 1946 petitioner found the land and improvements intact, with the exception of one small building.
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1. Petitioner left France in May 1940, at which time he owned certain real property, consisting of lands and buildings, and personal property, all of which in the latter part of June 1940 was in the German occupation zone. On his return to France in 1946 petitioner found the land and improvements intact, with the exception of one small building. Part of the personal property was still on the premises, but the greater part of it was gone and petitioner does not know when it was seized or destroyed. Held, that petitioner is entitled to take a loss under section 127 (a) (2), I. R. C., for the…
1Opinion of the Court
OPINION.
Black, Judge:
The first issue we have to decide is whether petitioner is entitled to the deduction of a war loss from his 1941 income and, if so, how much he is entitled to deduct. It has been held by the decided cases of this Court that a taxpayer, to take a war loss deduction in 1941 under section 23 (e) of the Internal Revenue Code, must prove that the property was in existence during that year; or, to take such loss under section 127, he must prove that it was in existence at the time the United States declared war on Germany. See Ernest Adler 8 T. C. 726; Eric H. Heckett, 8 T. C.…
2Cases cited6 opinions
- Commissioner v. FlowersSupreme Court of the United States · 1946
- Helvering v. OwensSupreme Court of the United States · 1939
- German v. CommissionerUnited States Tax Court · 1943
- Adler v. CommissionerUnited States Tax Court · 1947
- Heckett v. CommissionerUnited States Tax Court · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Primuth v. CommissionerUnited States Tax Court · 1970
- Walliser v. CommissionerUnited States Tax Court · 1979
- Solt v. CommissionerUnited States Tax Court · 1952
- Kurkjian v. CommissionerUnited States Tax Court · 1976
- Andriesse v. CommissionerUnited States Tax Court · 1949
28 more not listed; retrieve them via the Exa API.