Rowe v. Commissioner
United States Tax Court
Deduction -- Expense or Capital Expenditure -- Fiduciary Account -- Attorney's Fees. -- Attorney's fees paid to conserve and maintain a remainder interest in trust corpus by supporting an executor's account which left as a part of the corpus reserves for depreciation and depletion were deductible under section 23 (a) (2) (1939 Code).
1Opinion of the Court
OPINION.
MuRdock, Judge:
The Commissioner determined a deficiency of $567.92 in income tax for 1949. The only issue for decision is whether the Commissioner erred in disallowing a deduction of $1,500 representing an attorney’s fee. The facts have been presented by a stipulation which is adopted as the findings of fact.
The petitioners, husband and wife, residing in Dallas, filed a joint income tax return for 1949 with the collector of internal revenue for the second district of Texas.
Gloria D. Foster died testate in 1943. Her estate consisted principally of producing oil and gas properties. She…
2Cases cited3 opinions
- Allen v. SeligCourt of Appeals for the Fifth Circuit · 1952
- Tyler v. CommissionerUnited States Tax Court · 1946
- Geary v. CommissionerUnited States Tax Court · 1947
3Cited by22 opinions
- Industrial Aggregate Company, a Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1960
- Hendrick v. CommissionerUnited States Tax Court · 1961
- United States v. Theodore Pate and Richard E. Pate, as Co-Executors of the Estate of Rachel M. Pate, DeceasedCourt of Appeals for the Tenth Circuit · 1958
- Orlo G. Burch and Marjorie C. Burch v. United StatesCourt of Appeals for the Second Circuit · 1983
- Montgomery v. CommissionerUnited States Tax Court · 1968
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