Kenmore v. Commissioner
United States Tax Court
On December 11, 1941, when war was declared between the United States and Germany, Austria was then under the control of Germany and the petitioners were the owners of a residence and furnishings therein in Vienna. The building and all furnishings, if any remained, were destroyed by fire in 1945, the taxable year herein.
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On December 11, 1941, when war was declared between the United States and Germany, Austria was then under the control of Germany and the petitioners were the owners of a residence and furnishings therein in Vienna. The building and all furnishings, if any remained, were destroyed by fire in 1945, the taxable year herein. Held, under section 127 (a) (2), Internal Revenue Code, that a deductible loss of the property was sustained by petitioners on December 11, 1941, when war was declared and, unless prior to its destruction by fire in 1945 the said property had been recovered by petitioners, it…
1Opinion of the Court
OPINION.
Turner, Judge:
The primary contention of the petitioners is that with respect to their residence in Vienna they did not have a war loss under section 127 (a) (2) of the Internal Revenue Code1 in 1941, or any other year, but in 1945, and without regard to section 127, did have a casualty loss under section 23 (e) (3),2 when the property was destroyed by fire. Their argument is that they had knowledge that at all times until the fire the residence and furnishings remained intact, that throughout that period they had and retained possession, ownership, and control of the premises and,…
2Cases cited1 opinion
- Andriesse v. CommissionerUnited States Tax Court · 1949
3Cited by23 opinions
- Solt v. CommissionerUnited States Tax Court · 1952
- Feinstein v. CommissionerUnited States Tax Court · 1955
- Goldner v. CommissionerUnited States Tax Court · 1956
- Herbert P. Weinmann v. United StatesCourt of Appeals for the Second Circuit · 1960
- Gutwirth v. CommissionerUnited States Tax Court · 1963
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