Legal Opinion
Estate of Richard Baier v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided April 6, 1976No. 75-1609PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
The sole question presented on this appeal from the Tax Court is whether certain legal expenses incurred by the taxpayer during calendar years 1969-1971 qualify as an ordinary expense under § 212 of the Internal Revenue Code of 1954, 1 or whether those expenses must be treated as capital expenditures. The Tax Court held that the expenses have their origin in the disposition of a capital asset and, therefore, must be used to offset the realized capital gains. Baier v. Commissioner of Internal Revenue, 63 T.C. 513 (1975). We affirm.
Richard Baier was…
2Cases cited8 opinions
- Woodward v. CommissionerSupreme Court of the United States · 1970
- Commissioner v. Idaho Power Co.Supreme Court of the United States · 1974
- United States v. Hilton Hotels Corp.Supreme Court of the United States · 1970
- H. H. Helgerson and D. F. Helgerson v. United States of America, Frank C. Powell, Jr., and Doris Dae Powell v. United StatesCourt of Appeals for the Eighth Circuit · 1970
- United States v. General Bancshares Corporation, General Bancshares Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Newark Morning Ledger Company, a Corporation of the State of New Jersey v. The United States of AmericaCourt of Appeals for the Third Circuit · 1976
- Alexander v. Internal Revenue Service of the United StatesCourt of Appeals for the First Circuit · 1995
- Alexander v. CommissionerUnited States Tax Court · 1995
- Keller Street Development Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
- Wagner v. CommissionerUnited States Tax Court · 1982
12 more not listed; retrieve them via the Exa API.