MILLS ESTATE v. COMMISSIONER OF INTERNAL REVENUE

No. 101, Docket 22430.

206 F.2d 244 (1953)

MILLS ESTATE, Inc. v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. MILLS ESTATE, Inc.

United States Court of Appeals, Second Circuit.

Decided August 5, 1953.


Attorney(s) appearing for the Case

Charles S. Lyon, Asst. Atty. Gen., Ellis N. Slack, Helen Goodner and Joseph F. Goetten, Sp. Assts. to the Atty. Gen., H. Brian Holland, Asst. Atty. Gen., for petitioner, commissioner.

William H. Hayes and J. Wesley Seward, New York City, for petitioner, taxpayer.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and CHASE, Circuit Judges.


CHASE, Circuit Judge.

Both the Commissioner and the taxpayer have petitioned to review a decision of the Tax Court redetermining the deficiencies here questioned.

A deduction of the amount of fees and expenses paid in 1946 to attorneys was claimed under section 23(a) (1) (A) I.R. C., 26 U.S.C.A. § 23(a) (1) (A), as an ordinary and necessary expense paid during the taxable year in carrying on the taxpayer's trade or business. It was disallowed by the Commissioner...

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