ALBERT V. BRYAN, District Judge.
Recovery of the income taxes now sought by petitioners York should be decreed. The sum upon which the taxes were assessed was clearly deductible under sec. 23(a), Internal Revenue Code of 1939, as "ordinary and necessary expenses paid or incurred during the taxable year in carrying on * * * [his] trade or business". 26 U.S.C.A. 1952 ed. § 23.
The Tax Court reasoned, to the contrary, that the sum in question — an...
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