Alison v. United States, 344 U.S. 167 (1952)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Alison v. United States, 344 U.S. 167 (1952)
Alison v. United States Argued November 12, 1952 Decided December 8, 1952 GO>* 344 U.S. 167
CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
Sections 23(e) and (f) of the Internal Revenue Code provide that, in computing net income for the purpose of the federal income tax, there shall be allowed as deductions "losses sustained during the taxable year." Treasury Regulations provide that "A loss from theft or embezzlement occurring in one year and discovered in another is ordinarily deductible for the year in which sustained."
Held:
1. Whether and when a deductible loss results from an embezzlement is a factual question, a practical one to be decided according to surrounding circumstances. Pp. 169-170.
2. Under the special factual circumstances found by the District Courts in the two cases here involved, the taxpayers were entitled, under the Code provisions and the Treasury Regulations, to deductions for the year in which the embezzlement losses were discovered and their amounts ascertained. Pp. 168-170.
97 F.Supp. 959, reversed; 98 F.Supp. 252, affirmed.
No. 79. In an action for a refund of income taxes, the District Court gave judgment against the taxpayer. 97 F.Supp. 959. The Court of Appeals certified a question to this Court, which ordered the entire record sent up. Reversed, p. 170.
No. 80. In an action for a refund of income taxes, the District Court gave judgment for the taxpayer. 98 F.Supp. 252. The Court of Appeals certified a question to this Court, which ordered the entire record sent up. Affirmed., p. 170.
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Chicago: U.S. Supreme Court, "Syllabus," Alison v. United States, 344 U.S. 167 (1952) in 344 U.S. 167 344 U.S. 168. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=SBSR6IBBVC2SG1W.
MLA: U.S. Supreme Court. "Syllabus." Alison v. United States, 344 U.S. 167 (1952), in 344 U.S. 167, page 344 U.S. 168. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SBSR6IBBVC2SG1W.
Harvard: U.S. Supreme Court, 'Syllabus' in Alison v. United States, 344 U.S. 167 (1952). cited in 1952, 344 U.S. 167, pp.344 U.S. 168. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=SBSR6IBBVC2SG1W.
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