Legal Opinion

Farris v. Commissioner

United States Tax Court

Decided April 23, 1954No. Docket No. 37691Published

1. Partnership Estate -- Deductions. -- Under State law, upon death of a partner the business was administered as "a partnership estate" in the Probate Court. Held, that certain expenses, including administrator's fees, attorneys' fees, court costs, etc., incurred in the administration and approved by the Probate Court, and being reasonable in amount, were deductible as ordinary and necessary expenses of the partnership.

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1. Partnership Estate -- Deductions. -- Under State law, upon death of a partner the business was administered as "a partnership estate" in the Probate Court. Held, that certain expenses, including administrator's fees, attorneys' fees, court costs, etc., incurred in the administration and approved by the Probate Court, and being reasonable in amount, were deductible as ordinary and necessary expenses of the partnership. Section 162 and section 23 (a) (2), Internal Revenue Code. 2. Partnership -- Capital Contribution -- Net Income. -- One of three partners made the original capital…

1Opinion of the Court

Leonard A. Farris and Katherine Farris, Petitioners, v. Commissioner of Internal Revenue, Respondent

Farris v. Commissioner

Docket No. 37691

United States Tax Court

22 T.C. 104; 1954 U.S. Tax Ct. LEXIS 236;

April 23, 1954, Filed April 23, 1954, Filed

Decision will be entered under Rule 50.

1. Partnership Estate -- Deductions. -- Under State law, upon death of a partner the business was administered as "a partnership estate" in the Probate Court. Held, that certain expenses, including administrator's fees, attorneys' fees, court costs, etc., incurred in the administration and approved by the Probate…

2Cases cited9 opinions

  1. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
  2. Civiletti v. CommissionerUnited States Tax Court · 1944
  3. Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
  4. Goodwin's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1953
  5. Bingham v. CommissionerUnited States Tax Court · 1943

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