SHIPP v. COMMISSIONER OF INTERNAL REVENUE

No. 14059.

217 F.2d 401 (1954)

E. S. SHIPP, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

December 2, 1954.


Attorney(s) appearing for the Case

Dexter D. Jones, Raymond V. Haun, Henry Schaefer, Jr., E. J. Caldecott, Los Angeles, Cal., for appellant.

H. Brian Holland, Asst. Atty. Gen., Dudley J. Godfrey, Ellis N. Slack, A. F. Prescott, Alonzo W. Watson, Jr., Sp. Assts. to Atty. Gen., Kenneth W. Gemmill, Acting Chief Counsel, Int. Rev. Service, Washington, D. C., for appellee.

Before STEPHENS and FEE, Circuit Judges, and GOODMAN, District Judge.


GOODMAN, District Judge.

The question for decision is: Did the Commissioner of Internal Revenue correctly assess a deficiency against petitioner because the latter deducted attorneys' and accountants' fees incurred in defense of a lawsuit, which sought to obtain title to part of his property, as "necessary expenses for management, conservation or maintenance of property held for production of income?" § 23 (a) (2), Internal Revenue Code, 26 U.S.C.A. § 23...

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