Herndon v. United States

WYCHE, Chief Judge.

The facts in this case have been stipulated and are hereby adopted as the Findings of Fact of this Court.

Plaintiffs purchased a farm in December, 1956, and in the years 1957, and 1958, expended sums of money in establishing Coastal Bermuda Grass thereon, which sums the Commissioner disallowed as a deduction under Section 175 of the Internal Revenue Code of 1954, 26 U.S. C.A. § 175, as amended.

All requirements of Section 175 as to deductibility are beyond dispute in this case, with the exception of the two issues involved in this controversy, namely, (1) Did the taxpayer H.…