Legal Opinion

Miller v. Commissioner

United States Tax Court

Decided March 10, 1953No. Docket No. 34827PublishedCited by 16 opinions

Income -- Deduction -- Loss -- Theft -- Section 23 (e) (3). -- Amount of loss determined and allowed under section 23 (e) (3) where owners paid a contractor and he feloniously absconded with the money after doing only a small part of the work of constructing their residence.

1Opinion of the Court

OPINION.

Murdock, Judge:

The evidence shows that the petitioners paid Landstrom $7,500 as a part payment on a dwelling which he was to construct for them; he absconded with some of their money after erecting on the premises an incomplete structure which was not worth anything like $7,500; his act was a felonious one under the laws of Pennsylvania; and the petitioners thereby sustained a loss. The Commissioner contends that the petitioners sustained no loss, but his reasons therefor are not persuasive. Cf. Leichner & Jordan Co., 4 B. T. A. 133. He also contends that the petitioners have failed…

2Cases cited1 opinion

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930

3Cited by16 opinions

  1. Edwards v. BrombergCourt of Appeals for the Fifth Circuit · 1956
  2. Norton v. CommissionerUnited States Tax Court · 1963
  3. Ander v. CommissionerUnited States Tax Court · 1967
  4. Burns v. United StatesDistrict Court, N.D. Ohio · 1959
  5. Martin v. CommissionerUnited States Tax Court · 1962

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