WOHL v. UNITED STATES

No. 17673.

267 F.2d 605 (1959)

Mrs. Mildred RITTENBERG, wife of and Bernard WOHL, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 14, 1959.


Attorney(s) appearing for the Case

Robert Weinstein, Sylvan J. Steinberg, John A. Shanks (of Rittenberg, Weinstein & Bronfin), New Orleans, La., for appellants.

Carter, Bledsoe, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Atty., Washington, D. C., Norman Prendergast, Asst. U. S. Atty., M. Hepburn Many, U. S. Atty., Prim B. Smith, Jr., Asst. U. S. Atty., New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question here, as in so many tax cases, is whether the expenditures by Taxpayer were deductible either as a Section 23(a) (1) (A) "ordinary and necessary" business expense or a Section 23 (a) (2) "ordinary and necessary" non-business expense paid for the production or collection of income. Internal Revenue Code 1939, Section 23, 26 U.S.C.A.

The expenditure for the three tax years involved was in reality a payment of a part...

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