Appeal of Bird
Cases that cite this one
3 later published cases cite this decision.
- Bird v. Commissioner (United States Board of Tax Appeals 1926)
- Stern v. Commissioner (United States Board of Tax Appeals 1926)
- Stern v. Commissioner (A) (United States Board of Tax Appeals 1926)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
: The facts presented in this case are substantially similar to those in Appeal of The Murchison National Bank, 1 B. T. A. 617. The sole distinguishing feature is that in that appeal the bonds which evidenced the indebtedness matured in 1919, while here they mature in 1926. While this might be a material distinction in those cases where a deduction is sought, not on the ground that the indebtedness is uncollectible and worthless, but as a loss on the ground
Here the government issuing the bonds had been succeeded by a cle facto regime which had expressly repudiated the indebtedness, refused to pay any interest thereon, and was in a position to enforce its repudiation. There were no steps which could be taken to enforce the indebtedness, and it seems that the indebtedness was as worthless in 1920 as it is at the present time. The deduction claimed must be allowed.
Order of redetermination will Toe entered on 15 days’ notice, under Rule 50.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.