Legal Opinion

Ihrig v. Commissioner

United States Tax Court

Decided April 11, 1956No. Docket No. 48362PublishedCited by 9 opinions

Petitioner, officer-stockholder of corporations without current resources, having paid corporate expenses to forestall enforced corporate liquidations and so avoid secondary personal liabilities, held not entitled to deductions as business expenses; held, further, additions to tax under section 291 (a), Internal Revenue Code of 1939, properly imposed.

1Opinion of the Court

OPINION.

OppeR, Judge:

Petitioner, an officer-stockholder of two corporations which lacked cash to meet current expenses, paid certain corporate expenses to keep the corporations alive. The-claimed benefit to him was to forestall enforced closings of the businesses and thus avoid personal liabilities which might otherwise be imposed upon him as a stockholder and surety or guarantor. He seeks- to justify his deduction of these payments as expenses incurred by him in carrying on a trade or business. Petitioner’s payments were primarily those required in the current operation of the business and…

2Cases cited7 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Commissioner v. HeiningerSupreme Court of the United States · 1943
  3. Kornhauser v. United StatesSupreme Court of the United States · 1928
  4. Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
  5. Burnet v. ClarkSupreme Court of the United States · 1932

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. J.R. Betson, Jr. And Joan Sue Betson v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1986
  2. I. S. C., Inc. v. CommissionerUnited States Tax Court · 1978
  3. Madden v. CommissionerUnited States Tax Court · 1980
  4. Betson v. CommissionerUnited States Tax Court · 1984
  5. Horowitz v. CommissionerUnited States Tax Court · 1979

4 more not listed; retrieve them via the Exa API.

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