Elrick v. Commissioner
United States Tax Court
Held, the attorney's fees in question represent the cost to the petitioner of acquiring a life estate. Consequently, the fees are amortizable over the period of the petitioner's life expectancy and deductible under sec. 167(a)(2).
1Opinion of the Court
Quealy, Judge:
The respondent determined deficiencies in the Federal income tax due from the petitioner as follows:
7ear Deficiency
1965 -$17,593. 82
1966 - 12, 549.16
Concessions having been made, the only question we have before us for decision is whether legal expenses incurred by the petitioner for the assertion and settlement of actions brought by petitioner against the estate of her deceased father are deductible during the years in question as ordinary and necessary expenses paid or incurred for the production of income, or in the alternative, whether petitioner may amortize these legal…
2Cases cited19 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Woodward v. CommissionerSupreme Court of the United States · 1970
- United States v. Hilton Hotels Corp.Supreme Court of the United States · 1970
- Estate of Christ v. Comm'rUnited States Tax Court · 1970
- JONES'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1942
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gordon v. CommissionerUnited States Tax Court · 1985
- Spruance v. CommissionerUnited States Tax Court · 1973
- Marianne Crocker Elrick v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1973
- Sohosky v. CommissionerUnited States Tax Court · 1971
- Garrett v. CommissionerUnited States Tax Court · 1994
6 more not listed; retrieve them via the Exa API.