JONES' ESTATE v. COMMISSIONER OF INTERNAL REVENUE

No. 9965.

127 F.2d 231 (1942)

JONES' ESTATE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

April 6, 1942.


Attorney(s) appearing for the Case

J. M. Wagstaff, of Abilene, Tex., and J. Marvin Haynes, of Washington, D. C., for petitioner.

Robert N. Anderson, Sewall Key, and J. Louis Monarch, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Roy N. McMillan, Sp. Asst. to Atty. Gen., both of Washington, D. C., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

In the year 1937 Petitioner, as executor of the estate of Morgan Jones, paid $19,705.78 as attorneys' fees and other expenses incurred in the prosecution of a suit to cancel a cloud upon the title to certain real property belonging to the estate. The question before us for decision is whether or not this sum was an expenditure deductible as an ordinary and necessary business expense under Section 23(a) of the Revenue Act of 1936, 26 U.S.C.A...

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