O'Meara v. Commissioner
United States Tax Court
1. Allowable deductions for expense incurred in the course of travel and for entertainment expense determined. 2. Termination of litigation in 1940, depriving petitioner of title to oil rights claimed by him, held to preclude allowance of loss in 1941 for capital investment therein. 3. Cash-basis petitioner, having properly reported royalties from such property as income received in cash in 1937, and being required by adverse court decree to make restitution, held entitled…
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1. Allowable deductions for expense incurred in the course of travel and for entertainment expense determined. 2. Termination of litigation in 1940, depriving petitioner of title to oil rights claimed by him, held to preclude allowance of loss in 1941 for capital investment therein. 3. Cash-basis petitioner, having properly reported royalties from such property as income received in cash in 1937, and being required by adverse court decree to make restitution, held entitled to a deduction for amount repaid in cash in 1941, less allowed depletion, notwithstanding that inclusion of royalty…
1Opinion of the Court
OPINION.
Opper, Judge:
Issue 1. — In support of the disallowance of the business expense deductions, respondent first contends on brief that during the taxable year Mt. Carmel and not Chicago was petitioner’s principal place of business, and thus was his “home” within our established interpretation of the word as used in section 23 (a) (1) (A) of the Internal Revenue Code.1 See, S. M. R. O'Hara, 6 T. C. 841. Petitioner, claiming prejudicial surprise, objects to our consideration of the contention.
We think the objection is well founded. The dispute here is solely as to the allowance of…
2Cases cited11 opinions
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Helvering v. GowranSupreme Court of the United States · 1937
- United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
- Security Flour Mills Co. v. CommissionerSupreme Court of the United States · 1944
- Virginian Hotel Corporation v. Helvering, Commissioner of Internal RevenueSupreme Court of the United States · 1943
6 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- United States v. Skelly Oil Co.Supreme Court of the United States · 1969
- Crown v. CommissionerUnited States Tax Court · 1981
- Johnsen v. CommissionerUnited States Tax Court · 1984
- Philbrick v. CommissionerUnited States Tax Court · 1956
- Romine v. Comm'rUnited States Tax Court · 1956
55 more not listed; retrieve them via the Exa API.