BURNETT v. UNITED STATES

No. L-503.

58 F.2d 860 (1932)

BURNETT et al. v. UNITED STATES.

Court of Claims.

May 31, 1932.


Attorney(s) appearing for the Case

Benjamin B. Pettus, of Washington, D. C. (Colladay, McGarraghy, Pettus & Wallace, of Washington, D. C., on the brief), for plaintiffs.

James A. Cosgrove, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and LITTLETON, WHALEY, WILLIAMS, and GREEN, Judges.


LITTLETON, Judge.

The first question in this case is whether the amount of $35,000 received by R. A. Burnett out of $50,000 paid by the Fox Manufacturing Company for good will of the Burnett-Klapper Furniture Company was the payment to him by and as a result of an obligation therefor of the corporation as a commission for the sale of the assets and the business of the corporation, and, therefore, an ordinary and necessary expense deductible by the corporation from...

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