Legal Opinion
Talley Industries Inc. Consolidated Subsidiaries v. Commissioner Internal Revenue Service
Court of Appeals for the Ninth Circuit
Decided June 16, 1997No. 96-70061PublishedCited by 19 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
OVERVIEW
The Commissioner of Internal Revenue (Commissioner) appeals the tax court’s summary judgment in favor of Talley Industries, Inc. (Talley) and one of its subsidiaries, Sten-cel Aero Engineering Corp. (Steneel). The parties dispute whether a portion of a settlement that Talley paid to the United States is deductible as an ordinary and necessary business expense under 26 U.S.C. § 162(a).
The Commissioner contends the disputed portion is a “fine or similar penalty” and, thus, is not deductible pursuant to 26 U.S.C. § 162(f). The tax court disagreed,…
2Cases cited16 opinions
- United States v. HalperSupreme Court of the United States · 1989
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- United States v. BornsteinSupreme Court of the United States · 1976
- Tank Truck Rentals, Inc. v. CommissionerSupreme Court of the United States · 1958
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Marjorie Cathey Miller v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2002
- United States of America, Ex Rel. Leocadio Barajas v. United States v. Northrop CorporationCourt of Appeals for the Ninth Circuit · 2001
- Taylor v. CommissionerCourt of Appeals for the Ninth Circuit · 2005
- Severo v. CommissionerCourt of Appeals for the Ninth Circuit · 2009
- Thomas E. Johnston, and Thomas E. Johnston, Successor in Interest to Shirley L. Johnston, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2006
14 more not listed; retrieve them via the Exa API.