Legal Opinion

Spreckels v. Commissioner

United States Board of Tax Appeals

Decided April 15, 1938No. Docket No. 85651Published

1. Petitioner's guardian paid from his funds an amount for attorney's fees to protect petitioner's interest in his father's estate. Held, this expense is a personal and not a business expense and is not deductible. Van Wart v. Commissioner,295 U.S. 112. 2. A trust received income from dividends in the year 1932 to be paid to petitioner October 30, 1932, if petitioner was living.

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1. Petitioner's guardian paid from his funds an amount for attorney's fees to protect petitioner's interest in his father's estate. Held, this expense is a personal and not a business expense and is not deductible. Van Wart v. Commissioner,295 U.S. 112. 2. A trust received income from dividends in the year 1932 to be paid to petitioner October 30, 1932, if petitioner was living. Petitioner received the income thus held for him from January 1 to October 20. Held, the petitioner and not the trust is taxable for this income in 1932 under the provisions of section 162(b), Revenue Act of 1932.

1Opinion of the Court

ADOLPH BERNARD SPRECKELS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Spreckels v. Commissioner

Docket No. 85651.

United States Board of Tax Appeals

37 B.T.A. 709; 1938 BTA LEXIS 998;

April 15, 1938, Promulgated

1. Petitioner's guardian paid from his funds an amount for attorney's fees to protect petitioner's interest in his father's estate. Held, this expense is a personal and not a business expense and is not deductible. Van Wart v. Commissioner,295 U.S. 112.

2. A trust received income from dividends in the year 1932 to be paid to petitioner October 30, 1932, if petitioner was…

2Cases cited2 opinions

  1. Van Wart v. CommissionerSupreme Court of the United States · 1935
  2. Spreckels v. CommissionerUnited States Board of Tax Appeals · 1938

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