SPERLING v. COMMISSIONER

Docket No. 37609.

20 T.C. 1014 (1953)

ETHEL SPERLING, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated September 17, 1953.


Attorney(s) appearing for the Case

Anthony N. Zock, Esq., for the petitioner.

Arthur L. Nims, Esq., for the respondent.


The respondent determined a deficiency of $3,101.01 in the income tax of the petitioner for the taxable year 1945. The petitioner conceded a minor issue at the hearing. The issue remaining for our decision is whether the petitioner is entitled to deduct as an ordinary and necessary business expense her pro rata share of an amount paid to a fellow partner in excess of the latter's capital account to procure his withdrawal from the partnership or whether the amount paid was...

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