Legal Opinion

E. Taylor Chewning and Caroline Chewning, Husband and Wife v. Commissioner of Internal Revenue

Court of Appeals for the Fourth Circuit

Decided June 22, 1966No. 10394PublishedCited by 8 opinions

1Per curiam

The petitioners seek review of the Tax Court’s decision 1 that their uninsured loss from the destruction by storm of boxwood bushes located at their residence is not deductible as an ordinary loss under section 165(c) (3) of the Internal Revenue Code of 1954, but must be applied pursuant to section 1231 of the Code in reduction of the petitioners’ gains from sales of property used in their trade or business.

We are persuaded by the able opinion of Judge Atkins that the Tax Court was correct in its interpretation of the Code and that we must reject the reasoning of Maurer v. United States, 284…

2Cases cited3 opinions

  1. Arthur B. Maurer and Mary E. Ford Maurer v. United StatesCourt of Appeals for the Tenth Circuit · 1960
  2. Chewning v. CommissionerUnited States Tax Court · 1965
  3. Margaret C. Morrison v. United StatesCourt of Appeals for the Sixth Circuit · 1966

3Cited by8 opinions

  1. Pennsylvania Power & Light Company and Subsidiary Companies v. The United StatesUnited States Court of Claims · 1969
  2. Pottharst v. Small Business AdministrationDistrict Court, E.D. Louisiana · 1971
  3. Thomas O. Campbell, and Mary F. Campbell v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1974
  4. Weyerhaeuser Company, a Washington Corporation v. United States of America, United States of America v. Weyerhaeuser Company, a Washington CorporationCourt of Appeals for the Ninth Circuit · 1968
  5. Ellis Campbell, Jr., District Director of Internal Revenue v. E. Paul Waggoner and Helen B. WaggonerCourt of Appeals for the Fifth Circuit · 1966

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