Legal Opinion

Stuart v. Commissioner of Internal Revenue

Court of Appeals for the First Circuit

Decided June 3, 1936No. 3098PublishedCited by 14 opinions

1Opinion of the Court

WILSON, Circuit Judge.

The petitioner seeks to review a decision of the Board of Tax Appeals refusing to allow the petitioner to deduct from his gross income for the calendar year 1930 the sum of $35,633,55, paid by him to a trust of which he was trustee, to reimburse the trust for a loss of an improper investment in which he had participated, and, further, to deduct $7,411.26 paid by him as an individual to attorneys and accountants in connection with the same loss.

The issues arise under section 23 of the Revenue Act of 1928 (26 U.S.C.A. § 23 and note), which section provides that “in…

2Cases cited2 opinions

  1. Washburn v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1931
  2. Foss v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1935

3Cited by14 opinions

  1. Helvering v. National Grocery Co.Supreme Court of the United States · 1938
  2. Seidler v. CommissionerUnited States Tax Court · 1952
  3. Commissioner of Internal Revenue v. Valentine E. MacY Jr., Commissioner of Internal Revenue v. J. Noel MacY and Elena Kohler MacYCourt of Appeals for the Second Circuit · 1954
  4. Arata v. CommissionerUnited States Tax Court · 1958
  5. Wallace's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1939

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