Cobb v. Commissioner
United States Tax Court
Taxpayer in 1941 made certain gifts, thereafter filed a gift tax return, and paid the tax as disclosed by the return. In 1942 he was notified that a proposed adjustment would result in a gift tax deficiency of $ 13,840.52. Thereupon taxpayer employed attorneys, upon whose advice a protest was filed. Upon receipt of notice of deficiency a proceeding was brought in this Court.
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Taxpayer in 1941 made certain gifts, thereafter filed a gift tax return, and paid the tax as disclosed by the return. In 1942 he was notified that a proposed adjustment would result in a gift tax deficiency of $ 13,840.52. Thereupon taxpayer employed attorneys, upon whose advice a protest was filed. Upon receipt of notice of deficiency a proceeding was brought in this Court. Thereafter, pursuant to settlement, taxpayer paid a deficiency of $ 6,000 in gift tax, together with interest of $ 643.80. In 1944 he paid his attorneys for their services $ 2,260. Held, that the amount paid to his…
1Opinion of the Court
OPINION.
Kern, Judge:
The sole question presented herein is whether petitioner may deduct from gross income the amount of attorneys’ fees paid by him in the taxable year in connection with litigation arising out of a dispute with regard to Federal gift taxes under the facts detailed in our findings. Petitioner contends that they are deductible under the provisions of section 23 (a) (2) of the Internal Revenue Code.1 Respondent contends that they are not deductible pursuant to his construction of the statute in Regulations 111, section 29.23 (a)-15 (5), as amended by T. D. 5513.2
It has been held…
2Cases cited4 opinions
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Cammack v. CommissionerUnited States Tax Court · 1945
- Hochschild v. CommissionerUnited States Tax Court · 1946
- Willmott v. CommissionerUnited States Tax Court · 1943
3Cited by17 opinions
- Luman v. CommissionerUnited States Tax Court · 1982
- Professional Services v. CommissionerUnited States Tax Court · 1982
- Epp v. CommissionerUnited States Tax Court · 1982
- Estate of Steckel v. CommissionerUnited States Tax Court · 1956
- Statler v. CommissionerUnited States Tax Court · 1956
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