HADLEY v. C.I.R.

Nos. 678, 681, Dockets 86-4148, 86-4153.

819 F.2d 359 (1987)

Arthur T. HADLEY and Susan K. Bryant, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee. Lloyd McKim GARRISON and Sarah Garrison, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 19, 1987.


Attorney(s) appearing for the Case

Irwin Karp, Port Chester, N.Y., for appellants Hadley and Bryant.

James B. Lewis, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for appellants Garrison.

Roger M. Olsen, Asst. Atty. Gen., Washington, D.C. (Michael L. Paup, Jonathan S. Cohen, Teresa E. McLaughlin, Tax Div., Dept. of Justice, Washington, D.C., of counsel), for appellee.

Before OAKES, MESKILL and MAHONEY, Circuit Judges.


OAKES, Circuit Judge:

These two cases, decided by the same Tax Court judge, involve the question whether an author during the taxable years after 1975 and before 1987 may deduct as business expenses the expenses incurred in writing a book, or whether the author must capitalize those expenses and depreciate them ratably over the estimated life of the income stream from the book. The Commissioner argues, and the Tax Court found, that section 280(a) of the Internal Revenue...

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