Legal Opinion
JONES'ESTATE v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided April 6, 1942No. 9965PublishedCited by 74 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
In the year 1937 Petitioner, as executor of the estate of Morgan Jones, paid $19,-705.78 as attorneys’ fees and other expenses incurred in the prosecution of a suit to cancel a cloud upon the title to certain real property belonging to the estate. The question before us for decision is whether or not this sum was an expenditure deductible as an ordinary and necessary business expense under Section 23(a) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 827.
Consistently since 1916 the Treasury Regulations have provided that the cost of defending or perfecting…
2Cases cited13 opinions
- Higgins v. CommissionerSupreme Court of the United States · 1941
- Helvering v. WinmillSupreme Court of the United States · 1938
- Helvering v. HammelSupreme Court of the United States · 1941
- United States v. Dakota-Montana Oil Co.Supreme Court of the United States · 1933
- United States v. PyneSupreme Court of the United States · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Bowers v. LumpkinCourt of Appeals for the Fourth Circuit · 1944
- Louisiana Land & Exp. Co. v. Commissioner of Int. Rev.Court of Appeals for the Fifth Circuit · 1947
- Safety Tube Corp. v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1948
- J. Bryant Kasey and Maryann Kasey v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1972
- Kasey v. CommissionerUnited States Tax Court · 1970
69 more not listed; retrieve them via the Exa API.