Commissioner of Internal Revenue v. Coke

Fifth Circuit

Commissioner of Internal Revenue v. Coke

201 F.2d 742

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 6, 1953

Docket14064

StatusPublished

Cited by28 cases

This text of 201 F.2d 742 (Commissioner of Internal Revenue v. Coke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Internal Revenue v. Coke, 201 F.2d 742 (5th Cir. 1953).

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Opinion

PER CURIAM.

This appeal from a decision of the Tax Court 1 involves income taxes for the calendar year 1945.

It presents the single question whether, as the taxpayer claimed and the Tax Court in part found, legal and other expenses incurred in that year were deductible under Section 23(a)(2), I.R.C., 26 U.S.C.A.

The commissioner insisting'that the expenditures in their entirety constituted a part of the cost of the property recovered and were not deductible from gross income, urges upon us that the decision is incorrect and must be reversed.

We cannot agree. A careful examination of the record, the applicable statutes, and the governing principles convinces us that the Tax Court correctly decided the questions posed. Indeed, we are of the opinion that the Tax Court correctly stated, and as correctly appraised, the effect in fact and in law of the stipulated facts, and that, for the reasons given in its opinion, the decision should be affirmed.

1

. 17 T.C. 403.

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