Legal Opinion
Higgins v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided May 6, 1940No. 223PublishedCited by 27 opinions
1Opinion of the Court
PATTERSON, Circuit Judge.
The point presented is whether the petitioner was entitled to deduct, for purposes of income tax, expenses incurred in caring for his investments in securities. He claims that the expenses were a proper deduction as “ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business,” within the meaning of section 23(a) of the Revenue Act of 1932, 26 U.S.C.A.Int.Rev.Acts page 489. The Board held that the deduction was not allowable.
The facts were found in detail by the Board. They come down to this: the petitioner has a…
2Cases cited5 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Maillard v. LawrenceSupreme Court of the United States · 1854
- Kales v. CommissionerCourt of Appeals for the Sixth Circuit · 1939
- Miller v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1939
- Kane v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
3Cited by27 opinions
- Higgins v. CommissionerSupreme Court of the United States · 1941
- City Bank Farmers Trust Co. v. HelveringSupreme Court of the United States · 1941
- Joseph A. & Dorothy D. Moller v. The United StatesCourt of Appeals for the Federal Circuit · 1983
- Ditunno v. CommissionerUnited States Tax Court · 1983
- Gilford v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
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