Legal Opinion

The Van Iderstine Company v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided November 28, 1958No. 25031_1PublishedCited by 7 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This appeal presents a single point of narrow compass, namely, whether payments by the taxpayer in the amount of $25,000, in the year 1950 are deductible as ordinary and necessary expenses of carrying on its business. Sec. 23(a) (1) (A) of Internal Revenue Code of 1939 as amended, 26 U.S.C.A. § 23(a) (1) (A).

There is no dispute as to the facts. The taxpayer files its tax returns on an accrual and calendar year basis, It is engaged in the business of rendering raw materials, consisting of inedible animal fats, offal and bones which it collects from butcher shops,…

2Cases cited8 opinions

  1. Willard, Sutherland & Co. v. United StatesSupreme Court of the United States · 1923
  2. Nachman v. Commissioner of Internal Revenue. Tobias v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1951
  3. L. Heller & Son, Inc. v. CommissionerUnited States Tax Court · 1949
  4. A. Harris & Co. v. LucasCourt of Appeals for the Fifth Circuit · 1931
  5. Miller v. CommissionerUnited States Board of Tax Appeals · 1938

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

3Cited by7 opinions

  1. Briarcliff Candy Corporation, (Formerly Loft Candy Corporation) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1973
  2. Max Lutz and Ruth Lutz v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960
  3. Florida Publishing Co. v. CommissionerUnited States Tax Court · 1975
  4. Falstaff Beer, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1963
  5. York Water Co. v. CommissionerUnited States Tax Court · 1961

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

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