Kenneth L. Nordtvedt - Page 9




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          pension plans or annuities,3 the issue decided in Hellermann v.             
          Commissioner, 77 T.C. 1361 (1981), involved the same principles.            
          In Hellermann v. Commissioner, supra, the taxpayers argued that             
          gain that was realized from the sale of property should be                  
          adjusted to take into account the inflation that occurred during            
          the ownership of the property.  We disagreed.                               
               First, we relied upon “the well-established doctrine that              
          Congress has the power and authority to establish the dollar as a           
          unit of legal value with respect to the determination of taxable            
          income, independent of any value the dollar might also have as a            
          commodity.”  Id. at 1364.  For this proposition, we relied upon             


               3This Court has consistently denied taxpayers deductions for           
          losses due to inflation and has repeatedly rejected the argument            
          that inflation is a proper ground for failing to report income.             
          See Sibla v. Commissioner, 68 T.C. 422, 430-431 (1977), affd. 611           
          F.2d 1260 (9th Cir. 1980); Gajewski v. Commissioner, 67 T.C. 181,           
          195 (1976), affd. without published opinion 578 F.2d 1383 (8th              
          Cir. 1978); Bartley v. Commissioner, T.C. Memo. 1998-322; Ruben             
          v. Commissioner, T.C. Memo. 1987-277; Downing v. Commissioner,              
          T.C. Memo. 1983-97; Warren v. Commissioner, T.C. Memo. 1982-696;            
          Notter v. Commissioner, T.C. Memo. 1982-96; Cunninghman v.                  
          Commissioner, T.C. Memo. 1981-365; Milkowski v. Commissioner,               
          T.C. Memo. 1981-225; Crossland v. Commissioner, T.C. Memo. 1976-            
          59.  Other courts have reached the same conclusions when faced              
          with similar situations.  See Stelly v. Commissioner, 804 F.2d              
          868, 870 (5th Cir. 1986) (“The * * * [taxpayers’] contention that           
          they are entitled to an inflation adjustment to their interest              
          income is plainly incorrect.”); Birkenstock v. Commissioner, 646            
          F.2d 1185, 1186 (7th Cir. 1981) (“The market price of gold in               
          terms of dollars is * * * irrelevant to the determination of * *            
          * taxable income”), affg. T.C. Memo. 1979-201; Bates v. United              
          States, 108 F.2d 407, 408 (7th Cir. 1939) (attaching no                     
          “significance to the statutory gold content of the dollar as a              
          factor in the determination of gain from the sale of capital                
          assets”); Daugherty v. United States, 1 Cl. Ct. 216, 218 (1983)             
          (taxpayer not entitled to “inflation factor” deduction).                    




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