Legal Opinion
Danskin, Inc. v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided May 1, 1964No. 224, Docket 28519PublishedCited by 7 opinions
1Opinion of the Court
WATERMAN, Circuit Judge.
The principal question presented by this taxpayer’s petition for review of a decision of the Tax Court of the United States is whether the owner of a trademark may treat legal expenses incurred in instituting and pressing to settlement an infringement action as deductible expenses under Section 162(a) of the Internal Revenue Code of 1954, or whether such charges must be regarded as a ■capital expenditure. We think it proper, as did the Tax Court, to classify such disbursements as a capital expenditure.
Petitioner, Danskin, Inc., is a New York corporation, engaged in…
2Cases cited5 opinions
- J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
- Harrison E. Spangler and Myrtle B. Spangler v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- Joseph Lewis v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
- David Wise v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1963
- Danskin, Inc. v. Comm'rUnited States Tax Court · 1963
3Cited by7 opinions
- Commissioner of Internal Revenue v. Otto C. Doering, Jr., and Lucy T. DoeringCourt of Appeals for the Second Circuit · 1964
- Georator Corporation v. United StatesCourt of Appeals for the Fourth Circuit · 1973
- Medco Products Co. v. CommissionerUnited States Tax Court · 1974
- Medco Products Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1975
- Commissioner of Internal Revenue v. Otto C. Doering, Jr., and Lucy T. DoeringCourt of Appeals for the Second Circuit · 1964
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