STEWART SUPPLY COMPANY v. C. I. R.

No. 156, Docket 28325.

324 F.2d 233 (1963)

STEWART SUPPLY COMPANY, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided November 8, 1963.


Attorney(s) appearing for the Case

Salem G. Mansour, Niagara Falls, N. Y., for petitioner.

Donald W. Williamson, Jr., Attorney, Department of Justice, Washington, D. C., (John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson and Meyer Rothwacks, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.


PER CURIAM.

During the summer of 1956 there was a severe wind and rain storm in the vicinity of the taxpayer's business premises in Niagara Falls, New York. Some months later, in a stretch of cold weather, it was discovered that the front wall of the building was separated from the building and it became necessary to replace the entire wall. The sole issue before us is whether the cost of replacing the wall was an "ordinary and necessary" business expense, deductible...

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