Legal Opinion

Potter v. Commissioner

United States Board of Tax Appeals

Decided July 18, 1930No. Docket No. 25544PublishedCited by 18 opinions

1. ATTORNEY FEES. - Amounts paid individually by a large stockholder in a hotel corporation, who was also its president and manager, in resisting a law suit against the corporation are deductible where the object was to oust him from the control and management of the hotel. 2. REPAIRS. - Expenses for repairs to residence used for rental purposes allowed as a deduction. 3. Deductions for bad debts and traveling expenses disallowed for lack of evidence.

1Opinion of the Court

*254OPINION.

Black:

Petitioner complained of the disallowance by the respondent of (1) bad debt against one Crow, $300, charged off as worthless in 1922; (3) loss on investment in two promissory notes of J. P. Mace, $G25; (4) traveling expenses of petitioner, $269.56. The burden of proof in showing that the respondent erred in refusing to allow these items as deductions from gross income was on petitioner and this burden he has failed to meet. In the absence of sufficient evidence to overturn the action of the respondent, his disallowance of these three items as deductions from petitioner’s gross…

2Cases cited1 opinion

  1. Kornhauser v. United StatesSupreme Court of the United States · 1928

3Cited by18 opinions

  1. Rassenfoss v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1946
  2. Industrial Aggregate Company, a Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  3. Rushing v. CommissionerUnited States Tax Court · 1972
  4. Morgan v. CommissionerUnited States Tax Court · 1961
  5. Concord Village, Inc. v. CommissionerUnited States Tax Court · 1975

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