HALES-MULLALY v. COMMISSIONER OF INTERNAL REVENUE

No. 2565.

131 F.2d 509 (1942)

HALES-MULLALY, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

November 6, 1942.


Attorney(s) appearing for the Case

Chas. H. Garnett, of Oklahoma City, Okl., for petitioner.

L. W. Post, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. Louis Monarch, and Arthur Manella, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

The question is whether Hales-Mullaly, Inc., herein called petitioner, was authorized in computing its net income to deduct as expenses or losses amounts paid in settlement of pending litigation and for attorneys fees and other expenses incurred in connection with the litigation.

Harbour-Longmire Company, a corporation, was engaged in the mercantile business in Oklahoma City, and dealt at wholesale and retail in furniture, furnishings...

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