Laemmle v. Eisner

275 F. 504, 2 A.F.T.R. (P-H) 1525, 1920 U.S. Dist. LEXIS 718
CourtDistrict Court, S.D. New York
DecidedAugust 9, 1920
DocketNo. 20-103
StatusPublished
Cited by22 cases

This text of 275 F. 504 (Laemmle v. Eisner) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laemmle v. Eisner, 275 F. 504, 2 A.F.T.R. (P-H) 1525, 1920 U.S. Dist. LEXIS 718 (S.D.N.Y. 1920).

Opinion

SHEPPARD, District Judge.

After a full consideration of the facts of this case, I am constrained to the view that the sum of attorney’s fees paid in the litigation for the mastery of the Horsley stock, resulting in practically the ownership or control thereof and the consequent management of the company, under the facts and circumstances disclosed by the record, constituted a capital investment, and not a “necessary expense actually paid in carrying on the business,” deductible from income derived from such business. Therefore a verdict will be directed in favor of the defendant, and against the plaintiff.

Counsel will prepare form of judgment desired.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gunn v. Commissioner
49 T.C. 38 (U.S. Tax Court, 1967)
Vanderbilt Trust v. Commissioner
36 B.T.A. 967 (Board of Tax Appeals, 1937)
Crowley v. Commissioner of Internal Revenue
89 F.2d 715 (Sixth Circuit, 1937)
Commonwealth Life Ins. Co. v. Commissioner
31 B.T.A. 887 (Board of Tax Appeals, 1934)
Atlantic Coast Line R. R. v. Commissioner
31 B.T.A. 730 (Board of Tax Appeals, 1934)
Croker v. Burnet
62 F.2d 991 (D.C. Circuit, 1933)
Scudder v. Commissioner
22 B.T.A. 1294 (Board of Tax Appeals, 1931)
Eitingon-Schild Co. v. Commissioner
21 B.T.A. 1163 (Board of Tax Appeals, 1931)
Frischkorn Real Estate Co. v. Commissioner
21 B.T.A. 965 (Board of Tax Appeals, 1930)
Williamson v. Commissioner
17 B.T.A. 1112 (Board of Tax Appeals, 1929)
Kissel v. Commissioner
15 B.T.A. 1270 (Board of Tax Appeals, 1929)
Phoenix Development Co. v. Commissioner
13 B.T.A. 414 (Board of Tax Appeals, 1928)
Newark Milk & Cream Co. v. Commissioner
10 B.T.A. 683 (Board of Tax Appeals, 1928)
Briant v. Commissioner
6 B.T.A. 651 (Board of Tax Appeals, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
275 F. 504, 2 A.F.T.R. (P-H) 1525, 1920 U.S. Dist. LEXIS 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laemmle-v-eisner-nysd-1920.