TALLAL v. C.I.R.

No. 85-4085.

778 F.2d 275 (1985)

Joseph J. TALLAL, Jr., Plaintiff-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 16, 1985.


Attorney(s) appearing for the Case

Peter S. Buchanan, Wade H. Hufford, San Francisco, Cal., for plaintiff-appellant.

Fred T. Goldberg, Jr., Chief Counsel, I.R.S., Henry G. Salamy, Chief, Branch # 4, Glenn L. Archer, Jr., Asst. Atty. Gen., Tax Div., Michael L. Paup, Chief, Appellate Sec., David English Carmack, Francis M. Allegra, Attys., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GEE, ALVIN B. RUBIN and W. EUGENE DAVIS, Circuit Judges.


GEE, Circuit Judge.

This is a tax deficiency case. Appellant Tallal argues that the tax court erred in finding that Cumberland, the partnership in which Tallal was a limited partner, was not engaged in coal mining with the primary objective and intent of making a profit and therefore erred in upholding the Commissioner's assessment of a deficiency in Tallal's 1976 tax return. We affirm.

All expenses of every business transaction are not necessarily deductible...

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