Ordinary And Necessary Business Expenses

520 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Madyo A. Poletti and Marian Poletti v. Commissioner OF Internal Revenue
  351 F.2d 345· 8th Cir.· 1965-10-19 ·cited 18×
  The Tax Court did not err in applying the Cohan rule to a portion of expenditures after remand, as the prior appellate opinion did not mandate a full rehearing but rather the application of the rule to expenditures proven to be deductible.
• Godfrey v. Commissioner OF Internal Revenue
  335 F.2d 82· 6th Cir.· 1964-07-29 ·cited 18×
  Losses from a cattle operation and expenses from real estate ventures are not deductible as business expenses if the primary purpose was not profit, but rather personal enjoyment or capital investment.
• Karan v. Commissioner OF Internal Revenue
  319 F.2d 303· 7th Cir.· 1963-06-26 ·cited 18×
  Payments made by one partner to another for the sale of a partnership interest, including goodwill, are treated as a capital gain to the seller and not deductible by the buyer as ordinary business expenses.
• Rudolph v. United States
  291 F.2d 841· 5th Cir.· 1961-06-27 ·cited 18×
• Union Stock Farms v. Commissioner OF Internal Revenue
  265 F.2d 712· 9th Cir.· 1959-03-09 ·cited 18×
  The court held that overceiling payments collected by employees and profits from sham partnerships were taxable to the corporation and then as constructive dividends to the principal stockholder, Adolph Miller, due to his authorization and control.
• Breece Veneer & Panel Co. v. Commissioner OF Internal Revenue
  232 F.2d 319· 7th Cir.· 1956-04-26 ·cited 18×
  Payments made under a lease with an option to purchase are deductible as rent if the taxpayer has no equity in the property at the time the payments are made.
• Commissioner OF Internal Revenue v. Doyle
  231 F.2d 635· 7th Cir.· 1956-04-11 ·cited 18×
  Expenses for rent and wages incurred in operating an illegal gambling business are deductible as ordinary and necessary business expenses under Section 23(a) of the Internal Revenue Code of 1939.
• United States v. Arcade Co.
  203 F.2d 230· 6th Cir.· 1953-04-07 ·cited 18×
  The court held that the transactions did not constitute a reorganization under Section 112(g) of the Internal Revenue Code, and therefore the expenses incurred were deductible as ordinary business expenses.
• Interstate Transit Lines v. Commissioner of Internal Revenue
  130 F.2d 136· 8th Cir.· 1942-07-31 ·cited 18×
  The court held that a parent corporation's payment of its subsidiary's operating deficit is a capital expenditure, not an ordinary and necessary business expense, and is therefore not deductible.
• Moore v. Moore
  157 So. 3d 435· Fla. 2d DCA· 2015-02-06 ·cited 17×
  The court held that the trial court abused its discretion by failing to consider the husband's business expenses when calculating his net monthly income for alimony and child support.
• Kreps v. Commissioner OF Internal Revenue
  351 F.2d 1· 2d Cir.· 1965-09-21 ·cited 17×
  The court held that the Commissioner's assessment of transferee liability was timely and that the Tax Court correctly determined the transferor's insolvency based on its balance sheets adjusted for tax deficiencies.
• The Brook, Inc. v. Commissioner OF Internal Revenue
  799 F.2d 833· 2d Cir.· 1986-08-21 ·cited 16×
  A social club may not deduct losses from an activity not engaged in for profit under § 162, even if § 512(a)(3)(A) allows deductions against gross income, because § 162 requires a profit motive for trade or business expenses.
• Markey v. Commissioner OF Internal Revenue
  490 F.2d 1249· 6th Cir.· 1974-01-22 ·cited 16×
  The court held that the Tax Court erred in applying a subjective test to determine the taxpayer's home for the purpose of business expense deductions.
• Anderson v. Commissioner OF Internal Revenue
  480 F.2d 1304· 7th Cir.· 1973-06-14 ·cited 16×
  The dissenting judge would affirm the Tax Court's finding that the taxpayer's payments were deductible business expenses.
• Waterman v. The United States
  419 F.2d 845· Ct. Cl.· 1969-11-14 ·cited 16×
  The court held that the plaintiff failed to prove the stock purchase was a business expense rather than a capital investment, thus the loss was a capital loss.
• Kennecott Copper Corp. v. The United States
  347 F.2d 275· Ct. Cl.· 1965-06-11 ·cited 16×
  The court held that the taxpayer's expenditures for substitute facilities, made primarily to acquire stripping rights for mining operations, are deductible as ordinary and necessary business expenses, even though the transaction incidentally involved rights to minable ore which w
• Broughton v. Commissioner OF Internal Revenue
  333 F.2d 492· 6th Cir.· 1964-06-25 ·cited 16×
  The court held that the Tax Court did not err in determining that real estate lots were held primarily for sale to customers in the ordinary course of business, and that certain claimed business expenses were not sufficiently substantiated.
• Campbell Cnty. State Bank v. Commissioner OF Internal Revenue
  311 F.2d 374· 8th Cir.· 1963-01-03 ·cited 16×
  The court held that the Tax Court's approval of the Commissioner's proportionate reallocation of all the Bank's deductible expenses to the insurance agency was arbitrary and unreasonable.
• Williams v. Patterson
  286 F.2d 333· 5th Cir.· 1961-01-12 ·cited 16×
  Expenditures for lodging, meals, and tips during a six-hour layover away from home are deductible traveling expenses if it is reasonable for the taxpayer to need and obtain sleep or rest to meet the exigencies of employment.
• Hermann F. and Madeleine duPont Ruoff v. Commissioner OF Internal Revenue
  277 F.2d 222· 3d Cir.· 1960-04-06 ·cited 16×
  Attorney fees incurred to recover income-producing property seized under the Trading with the Enemy Act are deductible as ordinary and necessary expenses for the conservation of property held for the production of income.
• Brinson v. Tomlinson
  264 F.2d 30· 5th Cir.· 1959-02-26 ·cited 16×
  The court held that the taxpayer failed to meet the burden of proof to deduct attorney's fees for services related to civil tax liability and that the district court did not abuse its discretion in denying a motion to supplement the stipulation of facts.
• Small v. United States
  255 F.2d 604· 1st Cir.· 1958-05-22 ·cited 16×
  The court held that there was insufficient evidence to prove the defendant gained taxable income from the sale of his house, and insufficient evidence to prove the corporate expenditure was a capital improvement rather than a necessary business expense, requiring a new trial.
• Finley v. Commissioner OF Internal Revenue
  255 F.2d 128· 10th Cir.· 1958-04-23 ·cited 16×
  The court held that intra-family transactions designed to shift income lacked economic substance and were invalid for tax purposes, and that illegal or non-business expenses were not deductible.
• Commissioner OF Internal Revenue v. Hymie Schwartz and Jeannette L. Schwartz
  232 F.2d 94· 5th Cir.· 1956-03-14 ·cited 16×
  Attorneys' fees paid in 1950 in connection with taxpayer's income tax liabilities for prior years were deductible as ordinary and necessary expenses, even though criminal prosecution was a possibility, because the primary purpose of the legal services was to settle civil tax liab
• Kelly v. Commissioner OF Internal Revenue
  228 F.2d 512· 7th Cir.· 1956-01-04 ·cited 16×
  Legal expenses incurred in a lawsuit to establish ownership of property are not deductible as ordinary and necessary expenses for the production or collection of income, or for the management, conservation, or maintenance of property.
• Coughlin v. Commissioner of Internal Revenue
  203 F.2d 307· 2d Cir.· 1953-04-14 ·cited 16×
  Expenses incurred by a lawyer to attend a Federal Taxation Institute are deductible as ordinary and necessary business expenses if they are directly connected with or proximately result from the practice of his profession.
• Hightower v. Commissioner of Internal Revenue
  187 F.2d 535· 5th Cir.· 1951-03-09 ·cited 16×
  The court held that the Tax Court did not err in upholding the Commissioner's disallowance of claimed rental payments as ordinary and necessary business expenses.
• United States v. E. L. Bruce Co., Inc.
  180 F.2d 846· 6th Cir.· 1950-03-20 ·cited 16×
  The court held that expenses incurred by a taxpayer for reinspections and retreatments under both its own contracts and those of a predecessor, which were necessary for business protection and required by its licenses, were ordinary and necessary business expenses, not capital ex
• Ingle Coal Corp. v. Commissioner of Internal Revenue
  174 F.2d 569· 7th Cir.· 1949-05-11 ·cited 16×
  The court held that payments designated as overriding royalties to stockholders were in substance non-deductible dividend distributions, not ordinary and necessary business expenses. It also held that substituting stock for indebtedness did not constitute 'new capital' for invest
• Miller MFG. Co., Inc. v. Commissioner of Internal Revenue
  149 F.2d 421· 4th Cir.· 1945-05-02 ·cited 16×
  The court held that the Tax Court's finding of reasonable compensation for officers was supported by substantial evidence, and the taxpayer failed to meet its burden of proof.
• Harden Mortg. Loan Co. v. Commissioner of Internal Revenue
  137 F.2d 282· 10th Cir.· 1943-07-20 ·cited 16×
  The court held that payments made for political influence and payments to Dempsey were not ordinary and necessary business expenses, and the taxpayer failed to meet its burden of proof for deductibility.
• Reading Co. v. Commissioner of Internal Revenue
  132 F.2d 306· 3d Cir.· 1942-10-23 ·cited 16×
  The court held that the Board of Tax Appeals' findings were supported by substantial evidence, and the petitioner's deductions for bad debts and losses were properly disallowed because the debts/losses were ascertained to be worthless in years prior to those claimed.
• Commissioner of Internal Revenue v. Rowan Drilling Co.
  130 F.2d 62· 5th Cir.· 1942-08-14 ·cited 16×
  The court held that the taxpayer's business operations and capital transactions must be accounted for separately for tax purposes. The acquisition of an oil payment through barter should not alter the accounting for his drilling business.
• Humana Inc. v. Commissioner OF Internal Revenue
  881 F.2d 247· 6th Cir.· 1989-07-27 ·cited 14×
  The court held that premiums paid by Humana's subsidiaries to its captive insurer were deductible as insurance expenses because risk was shifted and distributed, respecting the separate corporate entities. However, premiums paid by Humana Inc. to its captive insurer were not dedu
• Durkin v. Commissioner OF Internal Revenue
  872 F.2d 1271· 7th Cir.· 1989-04-05 ·cited 14×
  The court affirmed the Tax Court's decisions, finding that the taxpayers did not retain sufficient ownership interests in the films for depreciation purposes and that certain loan notes did not constitute bona fide indebtedness.
• Love BOX Co., Inc. v. Commissioner OF Internal Revenue
  842 F.2d 1213· 10th Cir.· 1988-03-28 ·cited 14×
  The court held that educational seminar expenses are deductible as ordinary and necessary business expenses if they maintain or improve skills required in the taxpayer's business, and that promotional expenses are deductible if related to reasonably expected future patronage.
• Union Mut. Life Ins. Co. v. United States
  570 F.2d 382· 1st Cir.· 1978-02-01 ·cited 14×
  The court held that interest on policy loans charged in advance is includable in gross investment income when received, and that unearned premiums on non-cancellable accident and health policies are not 'life insurance reserves' for tax purposes.
• Palo Alto Town & Country Vill., Inc. v. Commissioner OF Internal Revenue
  565 F.2d 1388· 9th Cir.· 1977-12-19 ·cited 14×
  The court held that airplane standby expenses were ordinary and necessary business expenses, and that the Tax Court erred in automatically deeming all disallowed corporate expenses as constructive dividends without finding economic gain to the owner.
• Sanders v. Commissioner OF Internal Revenue
  439 F.2d 296· 9th Cir.· 1971-03-03 ·cited 14×
  Automobile expenses for commuting between a taxpayer's residence and a permanent place of employment are not deductible business expenses under § 162 of the Internal Revenue Code.
• Ky. Utils. Co. v. Seldon R. Glenn and William M. Gray
  394 F.2d 631· 6th Cir.· 1968-05-07 ·cited 14×
  The court held that voluntary assumption of a loss for business reasons does not constitute an uninsured loss or ordinary business expense, and that a taxpayer cannot retroactively elect to capitalize social security taxes when the original return indicated otherwise. However, it
• United States v. Mountain States Mixed Feed Co.
  365 F.2d 244· 10th Cir.· 1966-08-12 ·cited 14×
  Attorneys' fees incurred in the sale of assets pursuant to a plan of complete liquidation are deductible as ordinary and necessary business expenses.
• Bookwalter v. Joseph H. and Frances R. Brecklein
  357 F.2d 78· 8th Cir.· 1966-03-01 ·cited 14×
  The dissenting judge believes the City of Bismarck letter constituted a general ruling, entitling the taxpayer to a deduction, and would affirm the judgment.
• MEL DAR Corp. v. Commissioner OF Internal Revenue
  309 F.2d 525· 9th Cir.· 1962-10-27 ·cited 14×
  The court held that the lease amendment changing the royalty from gross to net profits had sufficient business purpose and tax vitality, and that impounded funds received under a claim of right were income when received.
• Teitelbaum v. Commissioner OF Internal Revenue
  294 F.2d 541· 7th Cir.· 1961-08-24 ·cited 14×
  The concurring judge would hold that the electricity conversion expenditure was an ordinary and necessary business expense, not a capital expenditure.
• Woolrich Woolen Mills v. United States
  289 F.2d 444· 3d Cir.· 1961-04-19 ·cited 14×
  The cost of constructing a filtration plant, mandated by state anti-pollution laws and constituting a permanent addition to mill property with a life extending beyond one year, is a non-deductible capital expenditure, not an ordinary and necessary business expense.
• Midland Ford Tractor Co. v. Commissioner OF Internal Revenue
  277 F.2d 111· 8th Cir.· 1960-04-29 ·cited 14×
  The Tax Court's redetermination of deficiencies for rent and officer compensation is sustained because the transactions were not at arm's length and the amounts paid were not proven to be reasonable or ordinary and necessary business expenses.
• Stoeltzing v. Commissioner of Internal Revenue
  266 F.2d 374· 3d Cir.· 1959-05-06 ·cited 14×
  The court held that the extensive renovations made to the purchased building constituted capital expenditures, not deductible repairs, and thus could not be expensed in the current tax year.
• Brown Printing Co. v. Commissioner OF Internal Revenue
  255 F.2d 436· 5th Cir.· 1958-05-16 ·cited 14×
  The court held that the Tax Court erred by focusing solely on the reasonableness of rent in specific years rather than the reasonableness of the lease as a whole at its inception.
• O'Toole v. Commissioner OF Internal Revenue
  243 F.2d 302· 2d Cir.· 1957-04-08 ·cited 14×
  The court held that expenses incurred by a taxpayer for meals while employed at a location away from his residence are not deductible as business expenses if the taxpayer chose to maintain a separate residence.
• Baltimore Dairy Lunch, Inc. v. United States
  231 F.2d 870· 8th Cir.· 1956-04-12 ·cited 14×
  The court held that the trial court's finding that $7,600 was reasonable compensation for the taxpayer's executive was clearly erroneous, and that the full salary paid was deductible. However, the court affirmed the denial of a loss carryback claim based on salary notes not paid