Legal Opinion

Holt v. Commissioner

United States Tax Court

Decided October 25, 1977No. Docket Nos. 4354-76, 4355-76Published

Petitioner, who had been engaged in the trade or business of trafficking marijuana, was arrested for transporting marijuana. As a result of that arrest, petitioner's truck and horse trailer were seized and forfeited and his marijuana was confiscated. Held, forfeitures and confiscation resulted in losses, not expenses.

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Petitioner, who had been engaged in the trade or business of trafficking marijuana, was arrested for transporting marijuana. As a result of that arrest, petitioner's truck and horse trailer were seized and forfeited and his marijuana was confiscated. Held, forfeitures and confiscation resulted in losses, not expenses. Also held, losses inflicted on petitioners because of petitioner-husband's illegal activities are disallowed under sec. 165; it is against a sharply defined national policy to allow those losses.

1Opinion of the Court

Bill Doug Holt, Petitioner v. Commissioner of Internal Revenue, Respondent; Gail E. Holt, Petitioner v. Commissioner of Internal Revenue, Respondent

Holt v. Commissioner

Docket Nos. 4354-76, 4355-76

United States Tax Court

69 T.C. 75; 1977 U.S. Tax Ct. LEXIS 34;

October 25, 1977, Filed

Decisions will be entered under Rule 155.

Petitioner, who had been engaged in the trade or business of trafficking marijuana, was arrested for transporting marijuana. As a result of that arrest, petitioner's truck and horse trailer were seized and forfeited and his marijuana was confiscated. Held, forfeitures and…

2Cases cited13 opinions

  1. Commissioner v. TellierSupreme Court of the United States · 1966
  2. Hopkins v. BaconSupreme Court of the United States · 1930
  3. Edwards v. BrombergCourt of Appeals for the Fifth Circuit · 1956
  4. Fuller v. CommissionerUnited States Tax Court · 1953
  5. Fuller v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954

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