Legal Opinion

Snyder & Berman, Inc. v. Commissioner

United States Board of Tax Appeals

Decided May 21, 1940No. Docket Nos. 99409, 99952PublishedCited by 7 opinions

During 1935, 1937, and 1938, the petitioner made payments to its former assistant secretary-treasurer, who had suffered a nervous breakdown in 1934 and was receiving mental treatment in a veterans' hospital. Held, that the payments so made are not deductible from petitioner's gross income as ordinary and necessary expenses.

1Opinion of the Court

*1183OPINION.

Arnold :

Petitioner contends that the foregoing facts entitled it to deduct $2,400 in each of the taxable years as an ordinary and necessary business expense under section 23 (a) of the Bevenue Acts of 1934 and 1936.1 It is urged that these payments are in the nature of a pension to a valued employee who had been paid a small salary in *1184prior years and who was expected to return to the corporation upon his recovery. Stress is laid upon the provisions of section 23 (q), Revenue Act of 1934, and section 23 (p), Revenue Act of 1936, which relate to pension trusts and permit deductions by…

2Cited by7 opinions

  1. Bussabarger v. CommissionerUnited States Tax Court · 1969
  2. Miller-Dunn Co. v. CommissionerUnited States Tax Court · 1946
  3. W. D. Haden Co. v. CommissionerUnited States Tax Court · 1946
  4. Bussabarger v. CommissionerUnited States Tax Court · 1969
  5. Chesapeake Mfg. Co. v. CommissionerUnited States Tax Court · 1964

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