Legal Opinion

Kinley v. Commissioner

United States Tax Court

Decided March 19, 1969No. Docket No. 3793-67PublishedCited by 3 opinions

Held, the costs of annual shearings of Christmas trees are ordinary and necessary business expenses deductible pursuant to sec. 162(a), I.R.C. 1954.

1Opinion of the Court

Irwin, Judge:

The respondent determined deficiencies in petitioners’ income taxes for the taxable years 1962, 1963, 1964, and 1965 in the amounts of $2,799.15, $3,893.87, $1,766.43, and $3,280.65, respectively. Since respondent has conceded the claimed deduction in 1965 representing the cost of Christmas trees removed during that year, the sole issue remaining for our decision is whether or not petitioners’ costs for the shearing of Christmas trees during the taxable years at issue represent nondeductible capital expenditures under section 263(a), or ordinary and necessary business…

2Cases cited2 opinions

  1. Wilbur v. CommissionerUnited States Tax Court · 1964
  2. Ransburg v. United StatesDistrict Court, S.D. Indiana · 1967

3Cited by3 opinions

  1. Casey v. United StatesUnited States Court of Claims · 1972
  2. Vinson v. CommissionerUnited States Tax Court · 1979
  3. Kinley v. CommissionerUnited States Tax Court · 1969

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