Burton-Sutton Oil Co. v. Commissioner of Int. Rev.

LEE, Circuit Judge.

I concur in the result reached and the reasons therefor in No. 11275, but dissent from the result reached and the reasons therefor in No. 11285.

The question involved by the appeal of the Commissioner in No. 11285 is whether $27,564.61, incurred by the taxpayer in attorney’s fees and other incidental costs in connection with the settlement of a dispute as to the boundary of certain oil properties operated by it,1 was deductible as ordinary and necessary business expense under Section 23(a) of the Revenue Code of 1936. The facts briefly stated are: In 1933 the taxpayer…