ESTATE OF WALLING v. COMMISSIONER

Docket No. 4274-62.

45 T.C. 111 (1965)

ESTATE OF RITNER K. WALLING, DECEASED, MARGARET C. WALLING, RITNER E. WALLING AND J. WESLEY MCWILLIAMS, EXECUTORS, AND MARGARET C. WALLING, SURVIVING WIFE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed October 25, 1965.


Attorney(s) appearing for the Case

David P. Brown, Jr., and George Chimples, for the petitioners.

Stephen P. Cadden, for the respondent.


The Commissioner determined a deficiency in income tax in the amount of $46,514.10 for the year 1957.

The sole issue is whether amounts, totaling $57,567, paid by the Oliver Transportation Co., a partnership, during the year 1957 represented ordinary and necessary business expenses or capital expenditures.

FINDINGS OF FACT

Some of the facts have been stipulated, and, as stipulated, are incorporated herein by reference.

Ritner K. Walling and...

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