Alexandria Gravel Co. v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
1DissentHolmes, Circuit Judge
I think there was substantial evidence to support the finding of the Board of Tax Appeals that these commissions on sales of gravel were not ordinary and necessary expenses of the business within the meaning of Sections 23(a) of the Revenue Acts of 1928 and 1932, 26 U.S.C.A. § 23 and note. Moreover, the conclusion of the Board that payment of such commissions to a state officer was contrary to public policy and not an allowable deduction upon the income tax returns of petitioner was a rational one and should not be disturbed by this court. Oscanyon v. Arms Co., 103 U.S. 261, 26 L.Ed. 539.…
2Cases cited2 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Easton Tractor & Equipment Co. v. CommissionerUnited States Board of Tax Appeals · 1936