Brown v. Commissioner
United States Tax Court
1. Held: Legal fees and expenses incurred in settlement of a claim affecting the title to certain property were capital expenditures and not deductible under the provisions of section 23 (a) (2), I. R. C. 2. Held: The period of administration of an estate had terminated in the year the ordinary administrative duties were completed.
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The first issue to be determined is whether the legal fees and expenses incurred by the petitioner in connection with the settlement of the claim made by Babette Moore Odom are deductible by the taxpayers. It is the taxpayers’ contention that section 23 (a) (2) of the Internal Revenue Code1 authorizes deduction of such expenses from gross income as ordinary and necessary expenses incurred in the production or collection of income or in connection with the management, conservation or maintenance of property held for the production of income.
The respondent urges that…
2Cases cited7 opinions
- Beck v. CommissionerUnited States Tax Court · 1950
- Coughlin v. CommissionerUnited States Tax Court · 1944
- Chick v. CommissionerUnited States Tax Court · 1946
- Chick v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Stewart v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1952
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ramos v. CommissionerUnited States Tax Court · 1962
- Brown v. CommissionerUnited States Tax Court · 1952
- Ramos v. CommissionerUnited States Tax Court · 1962