Legal Opinion

Jack Surasky v. United States

Court of Appeals for the Fifth Circuit

Decided November 27, 1963No. 20296_1PublishedCited by 21 opinions

1Opinion of the Court

TUTTLE, Chief Judge.

This appeal challenges the correctness of the judgment of the district court holding that the sum of $17,000 contributed by the taxpayer to the Wolfson-Montgomery Ward Stockholders Committee as a part of a proxy battle during 1955 was not allowable as a deduction as an ordinary and necessary non-business expense. 1

The facts are not in dispute since substantially all of the facts were either stipulated between the parties or proved by undisputed affidavit and a deposition which was not in any way countered.

The taxpayer purchased 4000 shares of stock of Montgomery Ward & Co.…

2Cases cited8 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. McDonald v. CommissionerSupreme Court of the United States · 1944
  3. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  4. Alleghany Corp. v. CommissionerUnited States Tax Court · 1957
  5. Max Lutz and Ruth Lutz v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960

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

3Cited by21 opinions

  1. Locke Manufacturing Companies v. United StatesDistrict Court, D. Connecticut · 1964
  2. Hoover Co. v. CommissionerUnited States Tax Court · 1979
  3. Carey v. CommissionerUnited States Tax Court · 1971
  4. R. Walter Graham and Dorothy H. Graham v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1964
  5. J. Raymond Dyer and Jean Russell Dyer v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965

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

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