KOPP'S CO., INC. v. UNITED STATES

No. 79-1405.

636 F.2d 59 (1980)

KOPP'S COMPANY, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1980.


Attorney(s) appearing for the Case

Shale D. Stiller, Baltimore, Md. (Jerome D. Carr, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for appellant.

Stephen J. Gray, Tax Div., Dept. of Justice (Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Robert A. Bernstein, Tax Div., Dept. of Justice, Washington, D. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and ERVIN, Circuit Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

Appellant, Kopp's Co., Inc. (the Company), contends that the trial court erred in disallowing the Company's deduction, as ordinary and necessary business expenses under Section 162(a) of the Internal Revenue Code, of the cost of settlement of a tort action and related legal fees. A refund was sought of $28,935.67, representing income taxes of $25,472.00 together with interest thereon of $3,463.67 which it had paid after the IRS...

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