Axelrod v. Commissioner
United States Tax Court
Petitioner's sailboat had some planks shaken loose and caulking fall out during a race on August 27, 1965, in foul weather. Petitioner had an insurance policy in effect which covered any loss by storm damage to his boat, but he made no claim under this policy for damage to his boat during the race.
Read the full summary
Petitioner's sailboat had some planks shaken loose and caulking fall out during a race on August 27, 1965, in foul weather. Petitioner had an insurance policy in effect which covered any loss by storm damage to his boat, but he made no claim under this policy for damage to his boat during the race. Petitioner kept no records of his expenditures for such items as entertainment, convention expenses, club dues, and laundry even though he claimed business expense deductions for these items on his Federal income tax returns. Held, (1) petitioner has failed to prove that he is entitled to a…
1Concurrence
Quealy, /.,
concurring: While I concur in the result, I am unable to join with the majority for two reasons. First, the parties limited the issue presented for our determination to whether the petitioner’s claimed casualty loss was compensated for by insurance. By not limiting their decision to the issue as framed by the respondent and contested by the petitioner, the majority imposed on the petitioner a greater burden than to disprove the respondent’s deficiency determination. See Baird v. Commissioner, 438 F. 2d 490 (C.A. 3, 1970); William B. Turner, 56 T.C. 27, 33 (1971) (dissenting…
2Cases cited5 opinions
- Turner v. CommissionerUnited States Tax Court · 1971
- Gale v. CommissionerUnited States Tax Court · 1963
- David G. Baird and Mildred B. Baird v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1971
- Kentucky Utilities Co. v. GlennCourt of Appeals for the Sixth Circuit · 1968
- Broderick v. AndersonDistrict Court, S.D. New York · 1938