Legal Opinion

Bakewell v. Commissioner

United States Tax Court

Decided January 31, 1955No. Docket No. 47853PublishedCited by 26 opinions

1. Business Expense -- Hearing Aid -- Sec. 23 (a), I. R. C., 1939. -- A lawyer deducted the cost of maintaining his hearing aid as a business expense; held, that the expense was personal and not deductible under section 23 (a) of the 1939 Code. 2. Theft Deduction -- Wallet Disappearance -- Sec. 23 (e) (3), I. R. C., 1939. -- Held, on the facts, that the mere disappearance of petitioner's wallet from his person did not entitle him to a theft deduction under section 23 (e) (3)…

Read the full summary

1. Business Expense -- Hearing Aid -- Sec. 23 (a), I. R. C., 1939. -- A lawyer deducted the cost of maintaining his hearing aid as a business expense; held, that the expense was personal and not deductible under section 23 (a) of the 1939 Code. 2. Theft Deduction -- Wallet Disappearance -- Sec. 23 (e) (3), I. R. C., 1939. -- Held, on the facts, that the mere disappearance of petitioner's wallet from his person did not entitle him to a theft deduction under section 23 (e) (3) of the 1939 Code.

1Opinion of the Court

OPINION.

Johnson, Judge:

In the first issue petitioner maintains that the expense of his hearing aid is an ordinary and necessary business expense. Respondent has disallowed the deduction as a business expense under the theory that it is a personal expense under section 24 (a) (l).1 Respondent admits on brief that “any expense incurred in the maintenance of a hearing aid would be a deductible medical expense.” If petitioner had taken the expense of the hearing aid as a medical deduction he would not have had any tax benefit for the expense was not in excess of 5 per cent of his adjusted gross…

2Cases cited3 opinions

  1. Allen v. CommissionerUnited States Tax Court · 1951
  2. Sparkman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1940
  3. Smith v. CommissionerUnited States Tax Court · 1948

3Cited by26 opinions

  1. Kroll v. CommissionerUnited States Tax Court · 1968
  2. Drake v. CommissionerUnited States Tax Court · 1969
  3. Moss v. CommissionerUnited States Tax Court · 1983
  4. Fred W. Amend Co. v. CommissionerUnited States Tax Court · 1970
  5. Pollei v. CommissionerUnited States Tax Court · 1990

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API