Hochschild v. Commissioner
United States Tax Court
Attorneys' fees in litigation against petitioner and others to impress trust upon stock, held to have been expended in defense of title and a capital expenditure, rather than being deductible under section 23 (a), as a business or nonbusiness expense; except that a portion of such fees allocable to plaintiff's claim to interim dividends, held further deductible as expenditures connected with the collection of income.
1Opinion of the Court
OPINION.
Opper, Judge:
This proceeding was brought for a redetermination of a deficiency of $4,238.71 in the petitioner’s income tax for the year 1939.
Certain items are conceded by petitioner. The litigated issue is whether a fee paid attorneys is deductible under section 23 (a) of the Internal Revenue Code. An alternative contention by petitioner is that the amount involved is deductible as a loss under section 23 (e).
The facts appear from a stipulation of the parties. They are hereby found accordingly.
Petitioner is a resident of New York City, and he filed his return for the tax period in…
2Cases cited6 opinions
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- McFaddin v. CommissionerUnited States Tax Court · 1943
- Coughlin v. CommissionerUnited States Tax Court · 1944
- Bingham v. CommissionerUnited States Tax Court · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Primuth v. CommissionerUnited States Tax Court · 1970
- Alleghany Corp. v. CommissionerUnited States Tax Court · 1957
- Ruoff v. CommissionerUnited States Tax Court · 1958
- Berry Petroleum Co. v. CommissionerUnited States Tax Court · 1995
- Vincent v. CommissionerUnited States Tax Court · 1952
27 more not listed; retrieve them via the Exa API.