HELVERING v. OWENS

No. 180.

305 U.S. 468 (1939)

HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. OWENS ET AL.

Supreme Court of United States.

Decided January 3, 1939.


Attorney(s) appearing for the Case

Mr. Norman D. Keller, with whom Solicitor General Jackson, Assistant Attorney General Morris, and Messrs. Sewall Key, Paul A. Freund, and W. Croft Jennings and Louise Foster were on the briefs, for the Commissioner of Internal Revenue.

Mr. Ewing Everett, with whom Mr. O.H. Chmillon was on the briefs, for respondents in No. 180 and petitioners in No. 318.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

The courts below have given opposing answers to the question whether the basis for determining the amount of a loss sustained during the taxable year through injury to property not used in a trade or business, and therefore not the subject of an annual depreciation allowance, should be original cost or value immediately before the casualty.1 To resolve this conflict we granted certiorari...

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