Legal Opinion

Grossman v. Commissioner

United States Tax Court

Decided September 4, 1980No. Docket No. 4918-78Published

Petitioner, a resident of California, owned 50 percent of a parcel of improved real estate in New Jersey. The other 50 percent was owned by petitioner's brother who lived in New Jersey. Petitioner and his brother had the building on the parcel demolished and claimed demolition loss deductions therefor. Immediately after demolition, the parcel was leased to a person with whom lease negotiations had previously collapsed.

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Petitioner, a resident of California, owned 50 percent of a parcel of improved real estate in New Jersey. The other 50 percent was owned by petitioner's brother who lived in New Jersey. Petitioner and his brother had the building on the parcel demolished and claimed demolition loss deductions therefor. Immediately after demolition, the parcel was leased to a person with whom lease negotiations had previously collapsed. Petitioner's return was audited and a "no change" letter issued. Later petitioner's brother's return was audited and certain disallowances proposed, including that brother's…

1Opinion of the Court

Ivan Grossman and Sherry Grossman, Petitioners v. Commissioner of Internal Revenue, Respondent

Grossman v. Commissioner

Docket No. 4918-78

United States Tax Court

74 T.C. 1147; 1980 U.S. Tax Ct. LEXIS 72;

September 4, 1980, Filed

Decision will be entered under Rule 155.

Petitioner, a resident of California, owned 50 percent of a parcel of improved real estate in New Jersey. The other 50 percent was owned by petitioner's brother who lived in New Jersey. Petitioner and his brother had the building on the parcel demolished and claimed demolition loss deductions therefor. Immediately after demolition,…

2Cases cited10 opinions

  1. United States v. PowellSupreme Court of the United States · 1964
  2. Cullinan v. Walker, Collector of Internal RevenueSupreme Court of the United States · 1923
  3. Benjamin v. CommissionerUnited States Tax Court · 1976
  4. Blanche S. Benjamin v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1979
  5. Collins v. CommissionerUnited States Tax Court · 1974

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