FISHMAN v. C.I.R.

No. 87-1570.

837 F.2d 309 (1988)

Martin H. FISHMAN, et al., Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1988.


Attorney(s) appearing for the Case

Frances M. Allegrd, Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellant.

Arthur W. Friedman, Miller, Shakman, Nathan & Hamilton, Chicago, Ill., for petitioners-appellees.

Before POSNER and COFFEY, Circuit Judges, and NOLAND, Senior District Judge.


POSNER, Circuit Judge.

This appeal by the Internal Revenue Service from a decision by the Tax Court requires us to decide whether the costs incurred by an individual in starting a business may be deducted as current expenses (rather than having to be capitalized) under section 212(2) of the Internal Revenue Code, which allows an individual to deduct "all the ordinary and necessary expenses paid or incurred during the taxable year ... for the management, conservation...

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