Samuel and Lillian Berger v. Commissioner of Internal Revenue

234 F.2d 959, 51 A.F.T.R. (P-H) 348, 1956 U.S. App. LEXIS 4302
CourtCourt of Appeals for the Second Circuit
DecidedJune 29, 1956
Docket23408_1
StatusPublished

This text of 234 F.2d 959 (Samuel and Lillian Berger v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Samuel and Lillian Berger v. Commissioner of Internal Revenue, 234 F.2d 959, 51 A.F.T.R. (P-H) 348, 1956 U.S. App. LEXIS 4302 (2d Cir. 1956).

Opinion

234 F.2d 959

Samuel and Lillian BERGER, Petitioners,
v.
COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 276.

Docket 23408.

United States Court of Appeals Second Circuit.

Argued May 16, 1956.

Decided June 29, 1956.

Petition to review a decision of the Tax Court of the United States; J. Edgar Murdock, Judge.

Taxpayers petition for a review of the decision of the Tax Court determining that $7,500 paid by Samuel Berger to settle a suit asserting a one-half interest in certain stock held by him under claim of full ownership was paid to clear the taxpayer's title and should, therefore, be capitalized, rather than deducted from gross income under 1939 Internal Revenue Code, § 23, 26 U.S.C.A. § 23.

Morris Horowitz, New York City, for petitioners.

Charles K. Rice, Asst. Atty. Gen. (Lee A. Jackson and Karl Schmeidler, Washington, D. C., Attorneys, Department of Justice), for respondent.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

Affirmed on the findings of fact and the opinion of the Tax Court, Docket No. 40175, reported at 13 T.C.M. 177.

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Related

Berger v. Commissioner
13 T.C.M. 177 (U.S. Tax Court, 1954)

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234 F.2d 959, 51 A.F.T.R. (P-H) 348, 1956 U.S. App. LEXIS 4302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samuel-and-lillian-berger-v-commissioner-of-internal-revenue-ca2-1956.