loss sustained
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 344 U.S. 167 - Alison v. United States · 1952Most cited · 183 citing opinions
embezzlement
The theft occurs, but whether there is a loss may remain uncertain. One whose funds have been embezzled may pursue the wrongdoer and recover his property wholly or in part. Furthermore, the terms embezzlement and loss are not synonymous. Whether and when a deductible loss results from an embezzlement is a factual question, a practical one to be decided according to surrounding circumstances.
How often courts cite the cases defining “loss sustained”
Court decisions citing the 2 opinions that defined “loss sustained” — 331 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1933–1952
- ORIGINAL
the mere existence of liability is not enough to establish a deductible loss. There is liability in the case of a breach of contract, but...even an unquestionable breach does not result in loss, if the injured party forgives or refrains from prosecuting his claim.
deductible