Legal Opinion

Carey v. Commissioner

United States Tax Court

Decided June 14, 1971No. Docket No. 5556-68Published

Petitioner husband incurred certain expenses in an unsuccessful attempt to be reelected president of a large labor union. Held, the expenses of seeking reelection are not allowable as a deduction. Held, further, that petitioner is entitled to deduct under sec. 162, I.R.C. 1954, the legal expenses incurred in defending an action arising out of the performance of his duties as president of the union.

1Opinion of the Court

James B. and Margaret Carey, Petitioners v. Commissioner of Internal Revenue, Respondent

Carey v. Commissioner

Docket No. 5556-68

United States Tax Court

56 T.C. 477; 1971 U.S. Tax Ct. LEXIS 124;

June 14, 1971, Filed

Decision will be entered under Rule 50.

Petitioner husband incurred certain expenses in an unsuccessful attempt to be reelected president of a large labor union. Held, the expenses of seeking reelection are not allowable as a deduction. Held, further, that petitioner is entitled to deduct under sec. 162, I.R.C. 1954, the legal expenses incurred in defending an action arising out of the…

Also in this document: Concurrence; Dissent · Simpson; Dissent · Sterrett.

2Cases cited28 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. United States v. GilmoreSupreme Court of the United States · 1963
  4. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  5. Commissioner v. TellierSupreme Court of the United States · 1966

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