Walker v. Commissioner
United States Board of Tax Appeals
1. Where the proof does not show that petitioner was engaged in a trade or business, deduction of attorneys' fees, salaries to secretary and bookkeeper, and rent of a room used as an "office" are not deductible as ordinary and necessary expenses. 2. Depreciation is not allowable where there is no evidence that the property was used in a trade or business.
1Opinion of the Court
*944OPINION.
Van Fossan :
The first issue is whether or not the amounts paid by the petitioner to her attorneys in the years 192'2, 1923, 1924, and 1925 are deductible under the provisions of the revenue acts applicable.
It is apparent from the provisions of the last will and testament of William Hall Walker, deceased, as set forth in the findings of fact, that the testator conferred upon the trustees of his estate large discretion with respect to the management and sale of the securities which after his death became a part of the residuary trust and the so-called “ Brookside Trust.” Admittedly, the…
2Cited by5 opinions
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