Legal Opinion

Franklin v. Commissioner

United States Tax Court

Decided October 24, 1962No. Docket No. 94570Published

Petitioner employed attorneys to represent him in suits for attorneys' fees claimed by two groups of attorneys who represented him in a will controversy settled in his favor. Jurisdiction in both suits was obtained by attaching various income-producing property which he received as a result of the settlement.

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Petitioner employed attorneys to represent him in suits for attorneys' fees claimed by two groups of attorneys who represented him in a will controversy settled in his favor. Jurisdiction in both suits was obtained by attaching various income-producing property which he received as a result of the settlement. Held, legal expenses incurred with respect to the reduction of petitioner's liability for legal fees arising in connection with a will contest do not constitute ordinary and necessary expenses paid for the management, conservation, or maintenance of that property under section 212, 1954…

1Opinion of the Court

William Robert Franklin, Petitioner, v. Commissioner of Internal Revenue, Respondent

Franklin v. Commissioner

Docket No. 94570

United States Tax Court

39 T.C. 192; 1962 U.S. Tax Ct. LEXIS 44;

October 24, 1962, Filed

Decision will be entered under Rule 50.

Petitioner employed attorneys to represent him in suits for attorneys' fees claimed by two groups of attorneys who represented him in a will controversy settled in his favor. Jurisdiction in both suits was obtained by attaching various income-producing property which he received as a result of the settlement. Held, legal expenses incurred with…

2Cases cited14 opinions

  1. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
  2. McDonald v. CommissionerSupreme Court of the United States · 1944
  3. Lykes v. United StatesSupreme Court of the United States · 1952
  4. Baer v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1952
  5. Joseph Lewis v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958

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