Legal Opinion
Falstaff Beer, Inc. v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided December 27, 1963No. 19935PublishedCited by 20 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The question for decision is whether, under Section 162 of the Internal Revenue Code of 1954, 26 U.S.C.A. (1958) § 162, 1 certain payments made by a beer distributor to its predecessor in the business are deductible as “ordinary and necessary expenses paid or incurred during the taxable year in carrying on [the taxpayer’s] business”.
There are many cases dealing with what is an ordinary and necessary business expense. “They involve the appreciation of particular situations, at times with borderline conclusions.” Welch v. Helvering, 1933, 290 U.S. 111, 116, 54 S.Ct. 8, 78…
2Cases cited20 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Hamlin's Trust v. Commissioner of Internal Revenue. Nowel's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
- J. L. Cooper & Co. v. Anchor Securities Co.Washington Supreme Court · 1941
- Dodge Brothers v. United StatesCourt of Appeals for the Fourth Circuit · 1941
- KWTX Broadcasting Co. v. CommissionerUnited States Tax Court · 1959
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Houston Chronicle Publishing Company, Plaintiff-Appellee-Cross v. United States of America, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
- E. I. Du Pont De Nemours and Company v. United StatesCourt of Appeals for the Third Circuit · 1970
- Forward Communications Corp. v. United StatesUnited States Court of Claims · 1979
- Horne v. CommissionerUnited States Tax Court · 1972
- A.E. Staley Mfg. Co. v. CommissionerUnited States Tax Court · 1995
15 more not listed; retrieve them via the Exa API.