Legal Opinion

Bradford v. Commissioner

United States Tax Court

Decided July 31, 1978No. Docket Nos. 5701-76, 5831-76PublishedCited by 18 opinions

Petitioners, who are broker-dealers, took advantage of "inside" information to purchase stock for themselves, relatives, and a related entity. The SEC brought action for securities fraud under sec. 10(b) of the Securities Exchange Act of 1934. Petitioners settled by disgorging their profits from the investments into a fund to make whole the defrauded sellers.

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Petitioners, who are broker-dealers, took advantage of "inside" information to purchase stock for themselves, relatives, and a related entity. The SEC brought action for securities fraud under sec. 10(b) of the Securities Exchange Act of 1934. Petitioners settled by disgorging their profits from the investments into a fund to make whole the defrauded sellers. Petitioners deducted the amounts paid into the fund, alleging that their primary purpose was to protect their business reputations. Held: The amounts in question were capital expenditures and not deductible business expenses. The…

1Opinion of the Court

Hall, Judge:

Respondent determined the following deficiencies in petitioners’ income taxes:

Docket No. Tumble year Deficiency

5701-76. 1972 $81,005.75

5701-76. 1973 135,628.94

5831-76. 1973 11,320.41

Due to concessions made by petitioners, the issues for decision are:(1) Whether payments by petitioners James C. Bradford, Sr., and James C. Bradford, Jr., in settlement of an SEC action brought under rule 10b-5 alleging insider trading with respect to their personal accounts, were capital expenditures or ordinary and necessary business expenses.(2) Whether petitioners James C. Bradford, Sr., and…

2Cases cited12 opinions

  1. United States v. GilmoreSupreme Court of the United States · 1963
  2. Woodward v. CommissionerSupreme Court of the United States · 1970
  3. Boagni v. CommissionerUnited States Tax Court · 1973
  4. Anchor Coupling Company, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1970
  5. Fed. Sec. L. Rep. P 95,723 Jerry D. Fridrich v. J. C. BradfordCourt of Appeals for the Sixth Circuit · 1976

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

3Cited by18 opinions

  1. Davis v. CommissionerUnited States Tax Court · 1980
  2. Soelling v. CommissionerUnited States Tax Court · 1978
  3. Wagner v. CommissionerUnited States Tax Court · 1982
  4. Barrett v. CommissionerUnited States Tax Court · 1991
  5. Ostrom v. CommissionerUnited States Tax Court · 1981

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

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