MILLS ESTATE, INC. v. COMMISSIONER

Docket No. 27835.

17 T.C. 910 (1951)

MILLS ESTATE, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 30, 1951.


Attorney(s) appearing for the Case

William H. Hayes, Esq., and J. Wesley Seward, Esq., for the petitioner.

Aaron S. Resnik, Esq., for the respondent.


The Commissioner determined a deficiency for the calendar year 1946 of $693.50 in income tax and $13,472.20 in personal holding company surtax. The question is whether the legal expenses entailed in amending a corporation's charter, reducing its authorized and outstanding capital stock, distributing part of its assets, and issuing new stock, are deductible as an ordinary and necessary business expense. The parties submitted a stipulation of facts with annexed exhibits; in...

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