Miller v. Commissioner | |
---|---|
Court | United States Court of Appeals for the Sixth Circuit |
Full case name | Dixon F. Miller v. Commissioner of Internal Revenue |
Argued | October 10, 1983 |
Decided | May 2, 1984 |
Citation(s) | 733 F.2d 399; 84-1 USTC (CCH) ¶ 9451 |
Court membership | |
Judge(s) sitting | Pierce Lively, George Clifton Edwards, Jr., Albert J. Engel Jr., Damon Keith, Gilbert S. Merritt Jr., Cornelia Groefsema Kennedy, Boyce F. Martin Jr., Nathaniel R. Jones, Leroy John Contie, Jr., Robert B. Krupansky, Harry W. Wellford (en banc) |
Case opinions | |
Majority | Wellford, joined by Engel, Merritt, Kennedy, Martin, Krupansky |
Dissent | Contie, joined by Lively, Edwards, Keith, Jones |
Laws applied | |
Internal Revenue Code, 26 U.S.C. § 165 |
Miller v. Commissioner, 733 F.2d 399 (6th Cir. 1984) [1] was a case in which the United States Court of Appeals for the Sixth Circuit held that taxpayers are allowed to claim deductions for economic detriments which are a loss and not compensated for by insurance or otherwise regardless whether the property was insured or not.
The Commissioner of Internal Revenue is the head of the Internal Revenue Service (IRS), an agency within the United States Department of the Treasury.
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.
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This case is relevant both to personal taxpayers as well as businesses and allows them to make an informed decision about whether or not to pursue insurance indemnification for their loss. Following this decision, the indemnification can be compared to subsequent insurance effects as well as the potential savings as a result of a tax deduction.
Plaintiff taxpayer had an undamaged boat and a friend who is a bad captain. Unfortunately he lent his boat to this friend who then ran taxpayer's boat into the ground. Taxpayer was able to collect $200.00 from his friend, reducing taxpayer's actual loss to $642.55. After taking into account the $100.00 limitation under 26 U.S.C. § 165(c)(3), taxpayer claimed a $542.22 casualty loss deduction on his 1976 return. While the taxpayer's boat was insured, he did not file an insurance claim for fear of having his insurance policy revoked. 26 U.S.C. § 165(c)allows a deduction for private parties for losses resulting from a shipwreck.
A casualty loss is a type of tax loss that is a sudden, unexpected, or unusual event. Damage or loss resulting from progressive deterioration of property through a steadily operating cause would not be a casualty loss. “Other casualty” are events similar to “fire, storm, or shipwreck.” It is generally held that wherever force is applied to property which the owner-taxpayer is either unaware of because of the hidden nature of such application or is powerless to act to prevent the same because of the suddenness thereof or some other disability and damage results.
The court considered whether a taxpayer's voluntary election not to file an insurance claim for a loss precludes the taxpayer from taking a casualty loss deduction according to 26 U.S.C. § 165.
In plain language: If you damage something that is insured or under warranty but don't make a claim and don't receive compensation, can you still deduct the loss according to 26 U.S.C. § 165.
The court held that taxpayers are allowed to claim deductions for economic detriments which are a loss and not compensated for by insurance or otherwise regardless whether the property was insured or not.
Plain language example: Someone backs into your car while you are away and breaks a taillight. While you have insurance for the taillight, you don't make a claim because you might lose your insurance or don't want to deal with the paper work. The loss in excess of the limit in 26 U.S.C. § 165(c)3 (currently $100) may be deducted.
The court analyzed the facts of this case in light of two prior and contradicting cases, Kentucky Utilities Co. v. Glenn, 394 F.2d 631 (6th Cir. 1968) [2] , and Hills v. C.I.R., 76 T.C. 484 (1981), aff'd., 691 F.2d 997 (11th Cir. 1982). [3] The Kentucky court held that a taxpayer could not deduct a loss according to 26 U.S.C. § 165 if he elected not to file an insurance claim when one was available to him. Kentucky Utilities did not pursue indemnification from an equipment supplier for a technical fault and did not accept a full indemnification from their insurer in order to maintain the business relationship with the manufacturer. In order to claim a deduction, the ""Kentucky"" court required the taxpayer to a) exhaust all reasonable prospects for insurance indemnification before claiming a sustained loss or (b) that 26 U.S.C. § 165 equated "not compensated by" with "not covered by." The deduction claimed by Kentucky Utilities was not allowed.
The Hills court rejected Kentucky and held that Section 165(a) allows a deduction for an economic detriment that (1) is a loss, and (2) is not compensated for by insurance or otherwise. Hills also recognized that "compensated" is distinct from "covered." The Hills court recognized that "All losses compensated by insurance are also… covered by insurance; nonetheless, it should be equally obvious that… all losses covered by insurance are also compensated for, is not necessarily true." 2.
The court in the present case followed the reasoning in Hills and adopted a plain English interpretation of 26 U.S.C. § 165(a) that allows a deduction for an economic detriment that is a loss and (2) is not compensated for by insurance or otherwise.
The court is avoiding two undesirable consequences of the Kentucky Utilities rule. First, it allows insured taxpayers to decline insurance indemnification without the penalty of not being able to deduct the loss as if they did not have insurance. There are many valid reasons for not involving insurance companies and the tax law should not work against them. Second, taxpayers who carry no insurance or are under-insured are not rewarded with an additional deduction not available to their colleagues who carry the proper amount of insurance coverage.
Indemnity is a contractual obligation of one party (indemnifier) to compensate the loss occurred to the other party due to the act of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a guarantee is an obligation of one party assuring the other party that guarantor will perform the promise of the third party if it defaults.
Tax deduction is a reduction of income that is able to be taxed and is commonly a result of expenses, particularly those incurred to produce additional income. Tax deductions are a form of tax incentives, along with exemptions and credits. The difference between deductions, exemptions and credits is that deductions and exemptions both reduce taxable income, while credits reduce tax.
Under United States tax law, itemized deductions are eligible expenses that individual taxpayers can claim on federal income tax returns and which decrease their taxable income, and is claimable in place of a standard deduction, if available.
Income taxes in the United States are imposed by the federal, most state, and many local governments. The income taxes are determined by applying a tax rate, which may increase as income increases, to taxable income, which is the total income less allowable deductions. Income is broadly defined. Individuals and corporations are directly taxable, and estates and trusts may be taxable on undistributed income. Partnerships are not taxed, but their partners are taxed on their shares of partnership income. Residents and citizens are taxed on worldwide income, while nonresidents are taxed only on income within the jurisdiction. Several types of credits reduce tax, and some types of credits may exceed tax before credits. An alternative tax applies at the federal and some state levels.
Rules concerning income tax and gambling vary internationally.
In Mazzei v. Commissioner, 61 T.C. 497 (1974), the United States Tax Court ruled that a taxpayer could not consider $20,000 lost to a fraudulent counterfeiting scheme as a basis for a deduction under section 165(c)(3) of the Internal Revenue Code ("Code").
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