BROWN v. C. I. R.

No. 74-1386.

529 F.2d 609 (1976)

Charles I. BROWN and Kathleen M. Brown, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 26, 1976.


Attorney(s) appearing for the Case

Ann Belanger Durney, Atty., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews and Leonard J. Henzke, Jr., Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent-appellant.

Stanley L. Drexler, Denver, Colo. (Dale W. Haines, Denver, Colo., on the brief), for petitioners-appellees.

Before HILL, SETH and HOLLOWAY, Circuit Judges.


HOLLOWAY, Circuit Judge.

The Commissioner appeals a Tax Court decision, T.C. Memo. 1973-275, holding that the taxpayer appellees1 were entitled to deduct as an ordinary and necessary business expense a payment made by appellee Charles Brown in settlement of an alleged liability to his employer under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b).

The Commissioner...

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