Clark v. Commissioner
United States Tax Court
1. Attorneys' fees were paid by petitioner for defense against criminal charges of assault (which were dismissed) and for advice of counsel and settlement of claim of civil liability based upon the same charges, and, in addition, a payment was made by petitioner to complainant, on advice of petitioner's counsel, for release of claim of civil liability based upon the same charges.
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1. Attorneys' fees were paid by petitioner for defense against criminal charges of assault (which were dismissed) and for advice of counsel and settlement of claim of civil liability based upon the same charges, and, in addition, a payment was made by petitioner to complainant, on advice of petitioner's counsel, for release of claim of civil liability based upon the same charges. Said charges, both civil and criminal, arose out of and proximately resulted from the legitimate business activities of petitioner. Held, that petitioner is entitled to deduct the said attorneys' fees and payment for…
1Opinion of the Court
Fisher, Judge:
Kespondent determined a deficiency in tbe amount of $573.66 in petitioner’s income tax for tbe taxable year 1954.
Petitioner concedes tbe correctness of respondent’s determination in relation to tbe issue involving exclusion from income for dividends received.
Tbe computation of tbe amount of petitioner’s medical expense deduction will be determined under Kule 50.
Tbe substantial questions presented are whether petitioner is entitled to deduct, as ordinary and necessary business expenses, the amount of $1,250 paid as attorneys’ fees and $1,500 paid for release of alleged civil…
2Cases cited9 opinions
- Commissioner v. HeiningerSupreme Court of the United States · 1943
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Greene Motor Co. v. CommissionerUnited States Tax Court · 1945
- Joseph Lewis v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
- Marks v. CommissionerUnited States Tax Court · 1956
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rodney v. Comm'rUnited States Tax Court · 1969
- Riss & Co. v. CommissionerUnited States Tax Court · 1964
- Old Town Corp. v. CommissionerUnited States Tax Court · 1962
- Commissioner of Internal Revenue v. Michael Shapiro and Rae ShapiroCourt of Appeals for the Seventh Circuit · 1960
- Walter F. Tellier and Evelyn H. Tellier v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1965
14 more not listed; retrieve them via the Exa API.