Highland v. Commissioner
United States Board of Tax Appeals
Petitioner, executor and testamentary trustee of an estate of substantial size, claimed deduction from the estate's income for the years 1935 and 1936 of attorney's fees and other ordinary and necessary expenses incidental to the conduct of law actions to have himself appointed voting trustee of stock of a company publishing two newspapers and owned in large part by the estate; to remove his coexecutors; to cancel a sale of stock belonging to the estate; to reduce the amount…
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Petitioner, executor and testamentary trustee of an estate of substantial size, claimed deduction from the estate's income for the years 1935 and 1936 of attorney's fees and other ordinary and necessary expenses incidental to the conduct of law actions to have himself appointed voting trustee of stock of a company publishing two newspapers and owned in large part by the estate; to remove his coexecutors; to cancel a sale of stock belonging to the estate; to reduce the amount of counsel's fees claimed; and to settle a claim against the estate arising out of certain acts of decedent. Held, that…
1Opinion of the Court
*604OPINION.
KeRN :
The petitioner claims the expenses here in question as deductible from the estate’s gross income tmder section 23 (a) of the Xtevenue Acts of 1934 and 1936, as applied to estates under section 162 of the same acts. The respondent has denied them on the ground that they are properly expenses of administering the estate and, therefore, capital in nature, and are not necessary and ordinary expenses incurred in the conduct of a trade or business. The respondent makes six points any one of which, it is said, would prove fatal to petitioner’s contention. They are, (1) that the…
2Cases cited4 opinions
- Highland v. DavisWest Virginia Supreme Court · 1937
- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
- Highland v. DavisWest Virginia Supreme Court · 1939
3Cited by1 opinion
- Highland v. CommissionerUnited States Board of Tax Appeals · 1941