HUNTER v. UNITED STATES

No. 132, Docket 23125.

219 F.2d 69 (1955)

R. Fenley HUNTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 3, 1955.


Attorney(s) appearing for the Case

Gerdes & Montgomery, John Gerdes and Winthrop A. Short, New York City, for appellant.

H. Brian Holland, Ellis N. Slack, John J. Kelley, Jr., Washington, D. C., Leonard P. Moore, Brooklyn, N. Y. (Elliott Kahaner, Brooklyn, N. Y., of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

Taxpayer contends that the attorney's fees are deductible under Section 23(a) (2) of the Internal Revenue Code, 26 U.S.C.A. § 23(a) (2), as "ordinary and necessary expenses * * * for the production * * * of income * * *." He argues that, as the settlement reduced the amount of his liability for alimony and thus increased his taxable net income, it constituted the "production of income." We cannot agree. We think the "production" of income...

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