U.S. Court of Appeals for the Ninth Circuit, 1985

Ferris F. Boothe and Dorothy S. Boothe v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Ninth Circuit · Decided August 16, 1985 · Browning, Alarcon, Wilkins

768 F.2d 1140; 56 A.F.T.R.2d (RIA) 5676; 1985 U.S. App. LEXIS 21749 (Federal Reporter, Second Series)

Counsel

Ferris F. Boothe, Boothe & Powers, Portland, Or., for petitioners-appellants., Glenn L. Archer, Jr., Michael L. Paup, Richard Farber, Robert S. Pomerance, Dept, of Justice, Washington, D.C., for respondent-appellee.

Cases that cite this one

3 later published cases cite this decision.

Krahmer v. United States (Court of Claims 1985)
Gregory Raifman & Susan Raifman v. Commissioner (United States Tax Court 2018)
Jensen v. Commissioner (United States Tax Court 1993)

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

PER CURIAM:

Ferris and Dorothy Boothe appeal the Tax Court’s decision, 82 T.C. 804, disallowing a deduction of $20,792.00 as an ordinary loss on their 1977 tax return. Appellants contend that a judgment and court *1141 costs of $20,792.00 paid by them in 1977 is deductible as an ordinary loss under 26 U.S.C. § 165(c) as a loss arising from a theft; the Commissioner allowed the deduction only as a long-term capital loss under 26 U.S.C. § 165(f).

The unusual facts in this case created sharp differences of opinion in the Tax Court, with ten judges supporting the majority opinion and eight judges supporting two dissenting opinions. We agree with and adopt the dissenting opinion of Judge Korner. The decision of the Tax Court is reversed and the matter is remanded to the Tax Court for disposition consistent with Judge Korner’s dissenting opinion.

REVERSED and REMANDED.

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