Legal Opinion

Low v. Nunan

Court of Appeals for the Second Circuit

Decided March 13, 1946No. 67PublishedCited by 33 opinions

The Tax Court held that none of these items was deductible under § 23(a)(1)(A) or (2), 26 U.S.C.A. Int.Rev.Code, § 23(a) (1)(A),(2)2

1Opinion of the Court

FRANK, Circuit Judge.

1. Some at least of the expenses, had they been paid or incurred by the corporation, would have been deductible by it as "ordinary” and "necessary” to its business within § 23(a) (1) (A). But we need not decide which of them, in those circumstances, would have had that character, for they were paid or incurred by the Lows. Certainly on the facts here, we cannot say that what was the company’s business was also that of Low and his wife; nor do we think that they were engaged in a business which consisted of being the unpaid officers of the corporation. Accordingly, the…

2Cases cited9 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Dobson v. CommissionerSupreme Court of the United States · 1944
  4. Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
  5. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945

4 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Kaplan v. CommissionerUnited States Tax Court · 1953
  2. Leamy v. CommissionerUnited States Tax Court · 1985
  3. Kahn v. CommissionerUnited States Tax Court · 1956
  4. Markle v. CommissionerUnited States Tax Court · 1952
  5. Berner v. United StatesUnited States Court of Claims · 1960

28 more not listed; retrieve them via the Exa API.

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