Legal Opinion

Anaheim Paper Mill Supplies, Inc. v. Commissioner

United States Tax Court

Decided March 1, 1978No. Docket Nos. 6989-76 7236-76UnpublishedCited by 2 opinions

Corporate petitioner paid individual petitioner $8,935.82 to reimburse expenses the latter incurred while attending the University of Portland. Held, the expenditure was inherently personal to the individual petitioner and cannot be characterized as an ordinary and necessary business expense of the corporation. Held further, neither was the payment intended as compensation.

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Corporate petitioner paid individual petitioner $8,935.82 to reimburse expenses the latter incurred while attending the University of Portland. Held, the expenditure was inherently personal to the individual petitioner and cannot be characterized as an ordinary and necessary business expense of the corporation. Held further, neither was the payment intended as compensation. Held further, the expenses incurred by the individual petitioner in acquiring a college diploma were not ordinary and necessary expenses incurred in carrying on his trade or business.

1Opinion of the Court

ANAHEIM PAPER MILL SUPPLIES, INCORPORATED, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent SALVATORE M. TAORMINA and MARIANGELA TAORMINA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Anaheim Paper Mill Supplies, Inc. v. Commissioner

Docket Nos. 6989-76 7236-76

United States Tax Court

T.C. Memo 1978-86; 1978 Tax Ct. Memo LEXIS 429; 37 T.C.M. (CCH) 403; T.C.M. (RIA) 780086;

March 1, 1978, Filed

Corporate petitioner paid individual petitioner $8,935.82 to reimburse expenses the latter incurred while attending the University of Portland. Held, the expenditure was inherently…

2Cases cited13 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Kornhauser v. United StatesSupreme Court of the United States · 1928
  3. Primuth v. CommissionerUnited States Tax Court · 1970
  4. Challenge Mfg. Co. v. CommissionerUnited States Tax Court · 1962
  5. Paula Constr. Co. v. CommissionerUnited States Tax Court · 1972

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

3Cited by2 opinions

  1. Love Box Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1988
  2. Love Box Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1988

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