Legal Opinion

Leslie v. Commissioner

United States Tax Court

Decided March 15, 1946No. Docket No. 4619PublishedCited by 74 opinions

1. Deduction -- Loss -- Transfer Entered into for Profit -- Residence. -- A residence of the petitioner was damaged by a hurricane in 1938 and was never thereafter occupied. A real estate agent was allowed to try to find a purchaser after the hurricane, but never succeeded.

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1. Deduction -- Loss -- Transfer Entered into for Profit -- Residence. -- A residence of the petitioner was damaged by a hurricane in 1938 and was never thereafter occupied. A real estate agent was allowed to try to find a purchaser after the hurricane, but never succeeded. The property was transferred to the mortgagee in 1940. Held, the loss, if any, was not from a transaction entered into for profit within section 23 (e) (2). 2. Deduction -- Nonbusiness Expenses. -- Expenses of a caretaker for the property after the hurricane were not deductible under section 23 (a) (2) as ordinary and…

1Opinion of the Court

OPINION.

Murdock, Judge:

The petitioners, on their return for 1940, claimed a deduction of $33,003.09 as a loss from storm. They had been allowed a deduction for the hurricane loss in 1938. They now have discarded that theory of the 1940 deduction and claim a deduction of $26,181.77 under section 23 (e) (2) of the Internal Revenue Code as a loss from a transaction entered into for profit not connected with their business. They claim that the property was converted to an income-producing purpose immediately after the hurricane when it was placed in the hands of an agent for sale; its fair market…

2Cases cited2 opinions

  1. Robinson v. CommissionerUnited States Tax Court · 1943
  2. Saltonstall v. CommissionerUnited States Tax Court · 1943

3Cited by74 opinions

  1. Newcombe v. CommissionerUnited States Tax Court · 1970
  2. Sherman v. CommissionerUnited States Tax Court · 1952
  3. Grammer v. CommissionerUnited States Tax Court · 1949
  4. Neave v. CommissionerUnited States Tax Court · 1952
  5. Ellisberg v. CommissionerUnited States Tax Court · 1947

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