Legal Opinion

Lykes v. United States

Supreme Court of the United States

Decided April 28, 1952No. 173PublishedCited by 172 opinions

1Opinion of the CourtJustice Burton

The question here is whether, for federal income tax purposes, an individual taxpayer was entitled to deduct, from his gross income, an attorney’s fee paid for contesting the amount of his federal gift tax. For the reasons hereafter stated we hold that he was not.

In 1940, Joseph T. Lykes, petitioner herein, gave to his wife and to each of his three children, respectively, 250 shares of common stock in Lykes Brothers, Inc., a closely held family corporation. In his federal gift tax return he valued the shares at $120 each and, on that basis, paid a tax of $13,032.75. In 1944, the Commissioner…

2Cases cited17 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  4. Higgins v. CommissionerSupreme Court of the United States · 1941
  5. Morrissey v. CommissionerSupreme Court of the United States · 1935

12 more not listed; retrieve them via the Exa API.

3Cited by172 opinions

  1. United States v. GilmoreSupreme Court of the United States · 1963
  2. Don E. Williams Co. v. CommissionerSupreme Court of the United States · 1977
  3. Boagni v. CommissionerUnited States Tax Court · 1973
  4. John Factor v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
  5. Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P. Ward v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955

167 more not listed; retrieve them via the Exa API.

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