Legal Opinion

Fifteenth & Chestnut Realty Co. v. Commissioner

United States Board of Tax Appeals

Decided February 6, 1934No. Docket Nos. 68366, 72611PublishedCited by 6 opinions

Amounts paid by a corporation to the estate of a deceased officer equal to the salary formerly paid him during his life held not deductible.

1Opinion of the Court

*1031OPINION.

Steenhagen :

We are of opinion that the payments made by petitioner to the estate of its deceased officer were not “ salaries or other compensation for personal services actually rendered,” nor were they in any other respect “ ordinary and necessary expenses paid or *1032incurred during the taxable year in carrying on any trade or business,” section 23 (a), Revenue Act 1928. The estate as such could render no “ personal services ” as an officer or director of the corporation ; but, more important, the evidence here shows none. Irwin was performing some service for the corporation and was at…

2Cases cited8 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
  3. Brown v. HelveringSupreme Court of the United States · 1934
  4. United States v. Philadelphia Knitting Mills Co.Court of Appeals for the Third Circuit · 1921
  5. Gould-Mersereau Co. v. CommissionerUnited States Board of Tax Appeals · 1931

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

3Cited by6 opinions

  1. Acme Land & Fur Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Brush-Moore Newspapers, Inc. v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Fifteenth & Chestnut Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Golden Constr. Co. v. CommissionerUnited States Tax Court · 1954
  5. Home Sales Co. v. CommissionerUnited States Tax Court · 1957

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

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