Coke v. Commissioner
United States Tax Court
Certain legal expenses claimed by petitioner as ordinary and necessary nonbusiness expenses deductible under section 23 (a) (2), I. R. C., held, not deductible from gross income but capital expenditures insofar as allocable to recovery of title to property, but, held, deductible from gross income under section 23 (a) (2) insofar as paid or incurred for the production or collection of income.
1Opinion of the Court
OPINION.
Johnson, Judge:
Petitioner contends that the amount of $100,-637.27 paid by her in 1945 for attorneys’ fees and other costs incident to a suit against her former husband, John E. McLean, is deductible in full as an “ordinary and necessary” expense paid for the “production or collection of income,” within the meaning of section 23 (a) (2), I. E. C. Eespondent has determined that such expenditure is not a deductible expense under section 23 (a) (2) but has treated it as part of the cost of the stock and options sold under á compromise of the above-mentioned litigation. Petitioner…
2Cases cited13 opinions
- Murphy Oil Co. v. BurnetSupreme Court of the United States · 1932
- Mallinckrodt v. CommissionerUnited States Tax Court · 1943
- JONES'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1942
- Bowers v. LumpkinCourt of Appeals for the Fourth Circuit · 1944
- Murphy Oil Co. v. BurnetCourt of Appeals for the Ninth Circuit · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P. Ward v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- Ward v. CommissionerUnited States Tax Court · 1953
- Kelly v. CommissionerUnited States Tax Court · 1955
- Lewis v. CommissionerUnited States Tax Court · 1956
- Munson v. McGinnesCourt of Appeals for the Third Circuit · 1960
28 more not listed; retrieve them via the Exa API.