Legal Opinion

Walker v. Commissioner

United States Board of Tax Appeals

Decided September 24, 1930No. Docket No. 35086Published

1. Where the proof does not show that petitioner was engaged in a trade or business, deduction of attorneys' fees, salaries to secretary and bookkeeper, and rent of a room used as an "office" are not deductible as ordinary and necessary expenses. 2. Depreciation is not allowable where there is no evidence that the property was used in a trade or business.

1Opinion of the Court

GERTRUDE D. WALKER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Walker v. Commissioner

Docket No. 35086.

United States Board of Tax Appeals

20 B.T.A. 937; 1930 BTA LEXIS 1995;

September 24, 1930, Promulgated

1. Where the proof does not show that petitioner was engaged in a trade or business, deduction of attorneys' fees, salaries to secretary and bookkeeper, and rent of a room used as an "office" are not deductible as ordinary and necessary expenses.

2. Depreciation is not allowable where there is no evidence that the property was used in a trade or business.

Henry T. Dorrance, Esq.,…

2Cases cited1 opinion

  1. Walker v. CommissionerUnited States Board of Tax Appeals · 1930

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API