Willmott v. Commissioner
United States Tax Court
1. Petitioner John W. Willmott was the owner of farms, business properties, oil-producing properties, stocks and bonds. In 1931 he executed a deed transferring a one-half interest in all his property to his wife for the purpose of reducing his income tax liability and thereafter returned only one-half the income from the properties as taxable to him.
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1. Petitioner John W. Willmott was the owner of farms, business properties, oil-producing properties, stocks and bonds. In 1931 he executed a deed transferring a one-half interest in all his property to his wife for the purpose of reducing his income tax liability and thereafter returned only one-half the income from the properties as taxable to him. The Commissioner denied the validity of the transfer and determined a deficiency in his income tax on the ground that all the income from the property was his income. A part of the deficiency also resulted from the Commissioner's disallowance of…
1Opinion of the Court
OPINION.
KeRN, Judge:
The first question for our decision is whether the attorneys; fees paid by petitioners in 1938 incident to the litigation before the United States Board of Tax Appeals which we have described in our findings are properly deductible from petitioners gross income in the year in which paid. Respondent has determined and now contends that this expenditure constituted personal expenses within the meaning of section 24 (a) (1), Revenue Act of 1938. and not ordinary and necessary expenses paid in carrying on a trade or business within the meaning of section 23 (a) (1).…
2Cases cited3 opinions
- Higgins v. CommissionerSupreme Court of the United States · 1941
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Coffey v. CommissionerUnited States Tax Court · 1943
3Cited by28 opinions
- California and Hawaiian Sugar Refining Corporation, Limited v. The United StatesUnited States Court of Claims · 1962
- Cobb v. CommissionerUnited States Tax Court · 1948
- Higgins v. CommissionerUnited States Tax Court · 1943
- Hogan v. CommissionerUnited States Tax Court · 1944
- Higgins v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1944
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