Miller v. Commissioner
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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.
Quick Facts Miller v. Commissioner, Court ...
Miller v. Commissioner | |
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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 |
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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.