Legal Opinion

De Boer v. Commissioner

United States Tax Court

Decided March 29, 1951No. Docket No. 26166Published

Petitioner husband suffered a loss from sale of property owned by him in fee. The sale was made to his step-grandson, the grandson of his wife through a former marriage. The loss was claimed on a joint income tax return. Held, the deduction is proper in a joint return and is not barred by section 24 (b) (1) (A) of the Internal Revenue Code.

1Opinion of the Court

J. Henry DeBoer and Martha DeBoer, Petitioners, v. Commissioner of Internal Revenue, Respondent

De Boer v. Commissioner

Docket No. 26166

United States Tax Court

16 T.C. 662; 1951 U.S. Tax Ct. LEXIS 240;

March 29, 1951, Promulgated

Decision will be entered under Rule 50.

Petitioner husband suffered a loss from sale of property owned by him in fee. The sale was made to his step-grandson, the grandson of his wife through a former marriage. The loss was claimed on a joint income tax return. Held, the deduction is proper in a joint return and is not barred by section 24 (b) (1) (A) of the Internal…

2Cases cited3 opinions

  1. Helvering v. JanneySupreme Court of the United States · 1940
  2. Topek v. CommissionerUnited States Tax Court · 1947
  3. De Boer v. CommissionerUnited States Tax Court · 1951

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