Legal Opinion
Naylor v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided April 3, 1953No. 14246_1PublishedCited by 33 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This proceeding involves an alleged deficiency in petitioner’s income taxes for the year 1946. The question presented is whether a fee of $28,000 paid an attorney for his services in September, 1946, was deductible from gross income as a non-business expense under section 23 (a) (2) of the Internal Revenue Code, 26 U.S.C., or was allowable to petitioner only as a selling expense in his computation of capital gain realized on the sale of his corporate stock.
The pertinent facts are undisputed and largely stipulated.- Briefly stated, they are as follows: In August, 1946,…
2Cases cited4 opinions
- Commissioner v. HeiningerSupreme Court of the United States · 1943
- Heller v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1945
- Redmond v. Sinclair Refining Co.Supreme Court of Georgia · 1949
- Crawford v. BakerSupreme Court of Georgia · 1950
3Cited by33 opinions
- Woodward v. CommissionerSupreme Court of the United States · 1970
- Harrison E. Spangler and Myrtle B. Spangler v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P. Ward v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- Ticket Office Equipment Co. v. CommissionerUnited States Tax Court · 1953
- Munson v. McGinnesCourt of Appeals for the Third Circuit · 1960
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