SMERLING ENTERPRISES, INC. v. COMMISSIONER

Docket No. 3541-69.

29 T.C.M. 1412 (1970)

T.C. Memo. 1970-306

Smerling Enterprises, Inc., and Subsidiaries v. Commissioner.

United States Tax Court.

Filed November 3, 1970.


Attorney(s) appearing for the Case

Michael Schwartzbard, Benjamin Alpert, Myles J. Sachs, and Gerald W. Keil, for the petitioner. William M. Gross, for the respondent.


Memorandum Opinion

QUEALY, Judge:

The respondent determined that there was a deficiency in the income tax due from petitioner for the taxable year 1966 in the amount of $4,424.

The only issue presented for decision is whether legal and other professional fees in the amount of $10,289.88, expended for the defense and settlement of a legal action brought in connection with the construction of a drive-in theatre, are capital expenditures or are deductible...

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