GARRETT v. CRENSHAW

No. 6396.

196 F.2d 185 (1952)

GARRETT v. CRENSHAW.

United States Court of Appeals Fourth Circuit.

Decided April 23, 1952.


Attorney(s) appearing for the Case

William C. Carter, Cumberland, Va., and M. J. Fulton, Richmond, Va., for appellant.

Paul T. O'Donoghue, Sp. Asst. to Atty. Gen., Ellis N. Slack, Acting Asst. Atty. Gen., A. F. Prescott, Sp. Asst. to Atty. Gen., A. Carter Whitehead, U. S. Atty., and Richard E. Lewis, Asst. U. S. Atty., Richmond, Va., on brief, for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal from a judgment for defendant in an action instituted against a Collector of Internal Revenue to recover deficiencies in income taxes assessed against and paid by plaintiff. The question involved is whether expenditures in a suit to establish that certain income producing property was held in trust for plaintiff were deductible as ordinary and necessary expenses under either subsection (1) (A) or subsection (2) of Section (23...

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