Ferris F. Boothe & Dorothy S. Boothe v. Comm'r of Internal Revenue, 768 F.2d 1140 (9th Cir. 1985). · Go Syfert
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Ferris F. Boothe & Dorothy S. Boothe v. Comm'r of Internal Revenue, 768 F.2d 1140 (9th Cir. 1985). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Gregory Raifman & Susan Raifman v. Commissioner (tax, 2018-07-03)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" Gregory Raifman & Susan Raifman v. Commissioner
Tax Ct. · 2018 · signal: see · confidence high
See Boothe v. Commissioner, 768 F.2d 1140 (9th Cir. 1985), rev’g 82 T.C. 804 (1984).
cited Cited "see" Jensen v. Commissioner
Tax Ct. · 1993 · signal: see · confidence high
See Boothe v. Commissioner , 768 F.2d 1140 (9th Cir. 1985) , revg. 82 T.C. 804 (1984) .
discussed Cited "see" Comm'r
unknown court · Michael B.\"" · signal: see · confidence high
See Boothe v. Commissioner , 768 F.2d 1140 (9th Cir. 1985) (allowing a theft loss deduction with respect to the taxpayer's purchase of nonexistent rights to land, even though the taxpayer was not the immediate purchaser from the fraudulent vendor), revg. 82 T.C. 804 ↩ (1984) .
Retrieving the full opinion text from the archive…
Ferris F. BOOTHE and Dorothy S. Boothe, Petitioners-Appellants,
v.
COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee
84-7508.
Court of Appeals for the Ninth Circuit.
Aug 16, 1985.
768 F.2d 1140
1985 U.S. App. LEXIS 21749
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.
Browning, Alarcon, Wilkins.
Cited by 4 opinions  |  Published
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.