Perret v. Commissioner
United States Tax Court
Petitioner, an attorney, incurred legal and related expenses incident to his contest of his father's will which had disinherited him and which contained statements expressing the decedent's wish that the petitioner not take over decedent's law practice, but that another attorney take over the pending legal matters.
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Petitioner, an attorney, incurred legal and related expenses incident to his contest of his father's will which had disinherited him and which contained statements expressing the decedent's wish that the petitioner not take over decedent's law practice, but that another attorney take over the pending legal matters. Held, that petitioner has not shown that such expenses constituted ordinary and necessary expenses incurred in carrying on his business as an attorney under sec. 162(a), I.R.C. 1954. Held, further, that such expenses do not constitute ordinary and necessary expenses incurred in the…
1Opinion of the Court
Atkins, Judge:
The respondent determined deficiencies in income tax for the taxable years 1965 and 1966 in the respective amounts of $272.39 and $1,139.35. Due to concessions made by the petitioner, the only issue remaining for decision is whether legal fees and expenses incurred by the petitioner during the taxable years 1965 and 1966 in connection with the contest of his father’s will are deductible as ordinary and necessary expenses under section 162 or section 212 of the Internal Revenue Code of 1954 or, if not, as capital losses under section 1211 of the Code.
FINDINGS OF FACT
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2Cases cited7 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Waxson Realty Corp. v. RothschildNew York Court of Appeals · 1931
- Merriman v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Joseph I. Swietlik, Personal Representative of the Estate of Helen v. Safran, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1985
- Joseph I. Swietlik, Personal Representative of the Estate of Helen v. Safran, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1985
- Perret v. CommissionerUnited States Tax Court · 1971