Ruben v. Commissioner

1987 T.C. Memo. 277, 53 T.C.M. 992, 1987 Tax Ct. Memo LEXIS 277
United States Tax Court·Decided June 8, 1987·No. Docket No. 21215-85.·Unpublished·Cited by 1 cases

Opinion

BARNEY C. RUBEN AND ESTATE OF ELEANOR RUBEN, DECEASED, BARNEY C. RUBEN AND DANTE P. WEBSTER, CO-EXECUTORS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Ruben v. Commissioner
Docket No. 21215-85.
United States Tax Court
T.C. Memo 1987-277; 1987 Tax Ct. Memo LEXIS 277; 53 T.C.M. (CCH) 992; T.C.M. (RIA) 87277;
June 8, 1987.
Dickinson Thatcher, for the petitioners.
Joyce L. Sugawara, for the respondent.

WRIGHT

MEMORANDUM OPINION

WRIGHT, Judge: Respondent determined a deficiency of $135,629*280 for the taxable year 1981 and additions to tax in the amounts of $6,781 and 50 percent of the statutory interest due on $135,629 under sections 6653(a)(1)1 and 6653(a)(2), respectively.

After concessions, the issues for our consideration are (1) whether the amount of petitioners' deduction for losses sustained in a 1981 fire is limited to their adjusted basis in the damaged property less any insurance compensation; and (2) whether the underpayment of petitioners' income tax for the taxable year 1981 was due to negligence or intentional disregard of rules and regulations.

The facts of this case have been fully stipulated pursuant to Rule 122 and are so found. This reference incorporates herein the stipulation of facts and attached exhibits.

At the time the petition in this case was filed, petitioner Barney C. Ruben resided at Santa Ynez, California. Petitioner Estate of Eleanor Ruben, by co-executors Barney C. Ruben and Dante P. Webster, had its principal office at all times relevant*281 herein in care of Dickinson Thatcher, a professional law corporation at Van Nuys, California. Petitioners Barney C. Ruben and Eleanor Ruben (the Rubens or petitioners) timely filed a joint return for the taxable year 1981.

Petitioners spent approximately $172,911.67 in building, improving and furnishing their residence at Santa Ynez, California, computed as follows:

Date PurchasedNature of ItemAmount
1962-1964Residence$127,366.97
1965Improvements2,614.00
Before Nov. 1967Furniture/furnishings42,930.70
Total$172,911.67

The parties have agreed that the Rubens' adjusted basis, based on amounts spent in 1962 through 1965 on the entire residence and before November 1967 on the furniture and furnishings did not exceed $172,911.67.

On or about September 28, 1981, petitioners' residence was damaged by a fire. Portions of the building and its contents were salvaged. Following the fire, the residence was rebuilt. The costs expended by the Rubens to repair and replace the damaged property were as follows:

Erling Pohls, Contractor$371,370.34
Muzicraft (sound system)8,197.54
$379,567.88
Furniture and furnishings45,458.75
Total$425,026.63
Less enhancements8,000.00
New Replacement Cost$417,026.63

*282 These costs exceeded the $345,000 claimed as a casualty loss on petitioners' Federal income tax return for 1981. Based on the fire insurance carried by petitioners, the insurance company reimbursed them in the amounts of $126,500 for the dwelling and $45,000 for the contents thereof, consisting of furniture and furnishings, for a total of $171,500. On their income tax return for the taxable year 1981, the Rubens reported a loss from the fire in the amount of $345,000 and claimed a deduction with respect thereto in the amount of $173,400 computed as follows:

Loss before insurance reimbursement$345,000 
Insurance reimbursement171,500 
Unreimbursed loss173,500 

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Ruben v. Commissioner, 1987 T.C. Memo. 277, 53 T.C.M. 992, 1987 Tax Ct. Memo LEXIS 277 (tax 1987).

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