Harman v. Commissioner
United States Tax Court
1. Petitioners were devised undivided life interests in coal lands in West Virginia, under the law of which they became vested with legal title. The lands were, under the facts, not subject to payment of the testator's debts.
Read the full summary
1. Petitioners were devised undivided life interests in coal lands in West Virginia, under the law of which they became vested with legal title. The lands were, under the facts, not subject to payment of the testator's debts. Held, that loss sustained upon sale and execution of deed by the petitioners of their life interests was that of the petitioners, and not of the testator's estate, and was a capital loss. 2. Petitioner paid an attorney a lump sum for legal advice in connection with a condemnation proceeding and for procuring a loan. Held, that the expense of legal advice in procuring the…
1Opinion of the Court
OPINION.
Disney, Judge:
The first issue presented for decision is the right of each of the petitioners to deduct from their income as increased by the Commissioner the amount of a loss incurred upon the sale of certain coal lands which they inherited for life under the will of their father. This issue suggests the following questions:
1. Was the loss that of the individual taxpayers or that of the estate of W. F. Harman?
2. What is the amount of the loss?
8. Is the loss capital or ordinary?
In seeking the solution to the first problem we must start with the premise, as enunciated by the Supreme…
2Cases cited7 opinions
- Helvering v. StuartSupreme Court of the United States · 1942
- Harris v. EskridgeWest Virginia Supreme Court · 1942
- Coville & Garber v. GilmanWest Virginia Supreme Court · 1878
- Dearing v. SelveyWest Virginia Supreme Court · 1901
- George v. BrownWest Virginia Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McAllister v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
- Cuddihy v. CommissionerUnited States Tax Court · 1959
- Galt v. CommissionerUnited States Tax Court · 1953
- Riss & Co. v. CommissionerUnited States Tax Court · 1964
- Braznell v. CommissionerUnited States Tax Court · 1951
15 more not listed; retrieve them via the Exa API.