Legal Opinion

Max Lutz and Ruth Lutz v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided September 9, 1960No. 17960PublishedCited by 40 opinions

1Opinion of the Court

CAMERON, Circuit Judge.

The issue upon which this appeal will be decided is whether the Tax Court erred in denying, upon the ground that the losses were incurred, not by taxpayer but by three controlled corporations, certain deductions from gross income made by petitioner 1 Max Lutz in his income tax returns for the years 1948 and 1949. The deductions were made in petitioner’s income tax returns (made on the accrual basis) under § 23(a) (1) (A) of the Internal Revenue Code of 1939, 26 U.S.C., 1952 Ed., § 23:

“In computing net income there shall be allowed as deductions: * * Trade or business…

2Cases cited24 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
  3. Pence v. United StatesSupreme Court of the United States · 1942
  4. Arthur W. Smith and Mrs. Arthur W. Smith v. Charles H. Dunn, Formerly Acting Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
  5. Camp Wolters Enterprises, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956

19 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Lohrke v. CommissionerUnited States Tax Court · 1967
  2. J.R. Betson, Jr. And Joan Sue Betson v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1986
  3. Briarcliff Candy Corporation, (Formerly Loft Candy Corporation) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1973
  4. Ncnb Corporation, a North Carolina Corporation North Carolina National Bank v. United StatesCourt of Appeals for the Fourth Circuit · 1982
  5. A.E. Staley Manufacturing Company and Subsidiaries v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1997

35 more not listed; retrieve them via the Exa API.

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