Legal Opinion

One Hundred Five West Fifty-Fifth Street, Inc. v. Commissioner

Court of Appeals for the Second Circuit

Decided June 30, 1930No. 161PublishedCited by 5 opinions

1Opinion of the CourtChase, Circuit Judge

(after stating the facts as above).

The petitioner claims that the $40,480 paid Hearn was either a maintenance expense or a loss deductible under the provisions of the Revenue Act of 1918, c. 18, 40 Stat. 1057, 1077. The applicable portion of the statute follows:

“See. 234. (a) That, in computing the net income of a corporation subject to the tax imposed by section 230 there shall be allowed as deductions:
“(1) All the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. * * *
“(4) Losses sustained during the taxable year and not…

2Cases cited1 opinion

  1. Murray Hospital v. RasmussenCourt of Appeals for the Ninth Circuit · 1927

3Cited by5 opinions

  1. Blackmer v. CommissionerCourt of Appeals for the Second Circuit · 1934
  2. A. Giurlani & Bro. v. Com'r of Int. Rev.Court of Appeals for the Ninth Circuit · 1941
  3. Sam P. Wallingford G. Corp. v. Commissioner of Int. Rev.Court of Appeals for the Tenth Circuit · 1934
  4. Commissioner of Internal Revenue v. the HubCourt of Appeals for the Fourth Circuit · 1934
  5. RJ Reynolds Tobacco Co. v. Commissioner of Int. Rev.Court of Appeals for the Fourth Circuit · 1938

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