Morgan v. Commissioner
United States Tax Court
Decedent acquired a tract of land at the same time he acquired timber on it in a partnership transaction. He deeded portions of the land to several members of his family. Oil was discovered on the land and the partner in the timber transaction asserted that the land had been acquired in a partnership transaction and sued the decedent for a conveyance of the land or an accounting for its value as well as an accounting for past income from the land.
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Decedent acquired a tract of land at the same time he acquired timber on it in a partnership transaction. He deeded portions of the land to several members of his family. Oil was discovered on the land and the partner in the timber transaction asserted that the land had been acquired in a partnership transaction and sued the decedent for a conveyance of the land or an accounting for its value as well as an accounting for past income from the land. All members of the decedent's family who held interests in this land contributed to the attorneys' fees and expenses of the defense litigation in…
1Opinion of the Court
Fat, Judge:
The Commissioner determined deficiencies in income taxes, as follows:
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Some of the issues were conceded by the petitioners at trial. The remaining issues for decision are whether all or some part of the amounts paid in each year as attorneys’ fees and expenses is deductible as an ordinary and necessary expense and is not a capital expenditure, and whether all or only some of the petitioners are entitled to deduct the portions which are allowable.
FINDINGS OF FACT.
Most of the facts are stipulated and are found as stipulated.2
The taxpayers concerned filed their individual…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Hochschild v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1947
- JONES'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1942
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Robinson v. CommissionerUnited States Tax Court · 1994
- Boagni v. CommissionerUnited States Tax Court · 1973
- Reed v. CommissionerUnited States Tax Court · 1970
- Estate of Joseph P. Morgan, Deceased and Margaret Koehler Morgan, Surviving Spouse v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1964
- John S. Lucas Et Ux. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1967
12 more not listed; retrieve them via the Exa API.