Legal Opinion

Sturgeon v. McMahon

District Court, S.D. New York

Decided October 15, 1957PublishedCited by 6 opinions

1Opinion of the Court

EDELSTEIN, District Judge.

In an action for an income tax refund, the parties have cross-moved for summary judgment on the basis of undisputed facts. The issue presented is the deductibility of certain expenditures for attorneys’ fees under § 23(a)(2) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 23(a)(2), as expenses incurred in the management, conservation or maintenance of property held for the production of income.

Mrs. Sturgeon’s former marriage to Mr. Gould ended in a divorce whereby a *629previous separation agreement between the two was approved and ratified. The agreement provided…

2Cases cited5 opinions

  1. Bowers v. LumpkinCourt of Appeals for the Fourth Circuit · 1944
  2. Helvering v. StormfeltzCourt of Appeals for the Eighth Circuit · 1944
  3. Garrett v. CrenshawCourt of Appeals for the Fourth Circuit · 1952
  4. Addison v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1949
  5. E. S. Shipp v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954

3Cited by6 opinions

  1. Estate of Davis v. CommissionerUnited States Tax Court · 1982
  2. Grabien v. CommissionerUnited States Tax Court · 1967
  3. Estate of Davis v. CommissionerUnited States Tax Court · 1982
  4. Grabien v. CommissionerUnited States Tax Court · 1967
  5. John M. And Florence B. Sturgeon v. Dennis J. McMahon as Former Collector of Internal Revenue, Second District, New YorkCourt of Appeals for the Second Circuit · 1958

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