Legal Opinion

Estate of Diamond v. Commissioner

United States Tax Court

Decided August 14, 1963No. Docket Nos. 89444, 91892Unpublished

Held: 1. Petitioner is not entitled to deduct expenses incurred while seeking new employment under the provisions of section 212, I.R.C. 1954, for the year 1956. 2. Petitioner has failed to prove: (a) the proximate relationship of certain expenses to an activity carried on for the production of income, (b) that the expenses were ordinary and necessary, and/or (c) what amount of his total expenses, if any, could be allocated to that activity for 1956. 3. Petitioner is not…

Read the full summary

Held: 1. Petitioner is not entitled to deduct expenses incurred while seeking new employment under the provisions of section 212, I.R.C. 1954, for the year 1956. 2. Petitioner has failed to prove: (a) the proximate relationship of certain expenses to an activity carried on for the production of income, (b) that the expenses were ordinary and necessary, and/or (c) what amount of his total expenses, if any, could be allocated to that activity for 1956. 3. Petitioner is not entitled to deduct personal living expenses while seeking new employment during 1956 under the authority of sections 212…

1Opinion of the Court

Estate of Margherita Gertrude Maria Diamond, Deceased, by Maurice Diamond, Executor, and Maurice Diamond, Individually v. Commissioner. Maurice Diamond, individually and Estate of Margherita Gertrude Maria Diamond, Deceased, by Maurice Diamond, Executor v. Commissioner.

Estate of Diamond v. Commissioner

Docket Nos. 89444, 91892.

United States Tax Court

T.C. Memo 1963-214; 1963 Tax Ct. Memo LEXIS 131; 22 T.C.M. (CCH) 1073; T.C.M. (RIA) 63214;

August 14, 1963.

Held:

1. Petitioner is not entitled to deduct expenses incurred while seeking new employment under the provisions of section 212, I.R.C. 1954,…

2Cases cited7 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
  3. Frank v. CommissionerUnited States Tax Court · 1953
  4. Polachek v. CommissionerUnited States Tax Court · 1954
  5. Havey v. CommissionerUnited States Tax Court · 1949

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API