Weingarten v. Commissioner
United States Tax Court
1. Held, petitioners sustained a theft loss on account of withdrawals from a joint bank account under circumstances which constituted embezzlement under applicable California law. 2. Amount of loss determined.
1Opinion of the Court
Train, Judge:
Kespondent determined a deficiency of $2,738.40 in petitioners’ 1958 income taxes.
The only issues in this case are:(1) Whether petitioners sustained a theft loss which was discovered in the taxable year before us and, if so,(2) The extent of the loss.
FINDINGS OF FACT.
Most of the facts are stipulated and are hereby found as stipulated.
Petitioners, Saul M. Weingarten (hereinafter sometimes referred to as Saul) and Miriam E. Weingarten (hereinafter sometimes referred to as Miriam), husband and wife, reside in Pebble Beach, California. They filed their income tax return for 1958 with…
2Cases cited19 opinions
- Monteleone v. CommissionerUnited States Tax Court · 1960
- National Labor Relations Board v. Cabot Carbon Co.Supreme Court of the United States · 1959
- People v. TalbotCalifornia Supreme Court · 1934
- People v. RoyceCalifornia Supreme Court · 1895
- Vietzke v. CommissionerUnited States Tax Court · 1961
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Stevens Bros. Foundation, Inc. v. CommissionerUnited States Tax Court · 1962
- Aimee D. Bagur v. Commissioner of Internal Revenue, Barbara M. Hansen v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1979
- Steiner v. CommissionerUnited States Tax Court · 1995
- Robert F. Goeller and Jeanette M. Goeller v. United StatesUnited States Court of Federal Claims · 2013
- Gerber & Associates, Inc. v. CommissionerUnited States Tax Court · 1987
18 more not listed; retrieve them via the Exa API.