Kilroe v. Commissioner
United States Tax Court
In May 1953, petitioners purchased a house in Winter Park, Florida, after having it examined for termites. At that time, while some old termite damage was detected in the northwest corner of the residence, the exterminator company reported the house to be in sound condition. In January of 1954 and 1955, annual inspections of said house were made by a termite control company.
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In May 1953, petitioners purchased a house in Winter Park, Florida, after having it examined for termites. At that time, while some old termite damage was detected in the northwest corner of the residence, the exterminator company reported the house to be in sound condition. In January of 1954 and 1955, annual inspections of said house were made by a termite control company. There was no exterior evidence of termite damage prior to the latter part of April 1955. In the latter part of April 1955, infestation and substantial damage to the northeast wall of the kitchen, floor, and cabinets were…
1Opinion of the Court
Fishee, Judge:
Respondent determined a deficiency in income tax against petitioners for the taxable year 1955 in the amount of $465.13.
The issues presented for our consideration herein are: Whether petitioners are entitled to deduct a loss resulting from termite damage to their personal residence as a casualty loss within the meaning of section 165 (c) (3) of the Code of 1954; whether the loss, if allowed, is deductible for the year 1955; and the amount of the loss allowable.
undings on fact.
Some of the facts are stipulated, and, as stipulated, are incorporated herein by reference.
E. G. and…
2Cases cited14 opinions
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- Burnet v. HoustonSupreme Court of the United States · 1931
- Boehm v. CommissionerSupreme Court of the United States · 1945
- Helvering v. OwensSupreme Court of the United States · 1939
- Fay v. HelveringCourt of Appeals for the Second Circuit · 1941
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3Cited by30 opinions
- Maher v. CommissionerUnited States Tax Court · 1981
- John A. Maher and Madeline K. Maher v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1982
- Hoppe v. CommissionerUnited States Tax Court · 1964
- Rudolf Lewis Hoppe and Ann Erna Hoppe v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1966
- Broido v. CommissionerUnited States Tax Court · 1961
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