Legal Opinion
Delsea Drive-In Theatres, Inc. v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided May 15, 1967No. 15927PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The petitioner, Delsea Drive-In Thea-tres, Inc., a New Jersey corporation, seeks review of a decision of the United States Tax Court. The Commissioner assessed deficiencies in Delsea’s income taxes for the years 1959, 1960 and 1961, resulting from the denial of deductions of $12,500 for each of the contested years. Delsea claimed these deductions as ratable portions of consideration for a covenant not to compete, as described hereinafter. The Tax Court decided these sums were not deductible.
The pertinent facts as found by the Tax Court are as follows: Heilman, by 1951, had…
3Cases cited3 opinions
- Annabelle Candy Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- United States & Thrift Corp. v. CommissionerUnited States Tax Court · 1958
- Commissioner of Internal Revenue v. Carl L. Danielson and Pauline S. Danielson, Commissioner Ofinternal Revenue v. Helen P. Sherman, Commissioner Ofinternal Revenue v. Estate of Jacob F. Schaffner, Deceased, Elizabeth Schaffner and Erwin Marsch, Executors, and Elizabeth Schaffner, Commissionerof Internal Revenue v. Hugh E. McLennan and Katherine McLennanCourt of Appeals for the Third Circuit · 1967
4Cited by22 opinions
- Lucas v. CommissionerUnited States Tax Court · 1972
- Forward Communications Corp. v. United StatesUnited States Court of Claims · 1979
- General Insurance Agency, Inc. v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Helen R. ThrockmortonCourt of Appeals for the Fourth Circuit · 1968
- Better Beverages, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1980
- Rich Hill Ins. Agency, Inc. v. CommissionerUnited States Tax Court · 1972
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