Ordinary And Necessary Business Expenses

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

• Tex. Instruments Inc. v. United States
  551 F.2d 599· 5th Cir.· 1977-04-27 ·cited 10×
  The court held that contributions to a qualified pension trust are deductible as ordinary and necessary business expenses, and that foreign tax credits reduced under Section 1503(b) can be carried forward. However, seismic data recorded on tapes and film is considered intangible
• Giles Indus., Inc. v. The United States
  496 F.2d 556· Ct. Cl.· 1974-04-17 ·cited 10×
  The court held that the compensation paid to officers was unreasonably high and disallowed a portion of the deductions claimed by the taxpayer.
• Sol Diamond and Muriel Diamond v. Commissioner OF Internal Revenue
  492 F.2d 286· 7th Cir.· 1974-02-27 ·cited 10×
  The court held that the receipt of a profit-share in a partnership in exchange for services, when it has a determinable market value, constitutes ordinary income to the recipient at the time of receipt.
• Salley v. Commissioner OF Internal Revenue
  464 F.2d 479· 5th Cir.· 1972-07-24 ·cited 10×
  The court held that the taxpayers' purported interest payments on loans from their controlled insurance company were not deductible because the transactions lacked economic substance and a business purpose.
• Lanrao, Inc. v. United States
  422 F.2d 481· 6th Cir.· 1970-02-05 ·cited 10×
  Expenses incurred in the sale of corporate assets during a liquidation under Section 337 of the Internal Revenue Code must be offset against the capital gain realized from the sale, rather than being deducted as ordinary business expenses.
• Hilaire P. Coussement v. Commissioner OF Internal Revenue
  391 F.2d 227· 6th Cir.· 1968-03-15 ·cited 10×
  The court affirmed the Tax Court's decision, finding that the petitioner failed to meet the burden of proof for business expense deductions and depreciation claims.
• The Conn. Light & Power Co. & Subsidiaries v. The United States
  368 F.2d 233· Ct. Cl.· 1966-11-10 ·cited 10×
  Payments made to acquire flowage rights and immunity from tort liability for a hydroelectric project are capital expenditures, not ordinary and necessary business expenses, and are depreciable over the project's useful life.
• Tellier v. Commissioner OF Internal Revenue
  342 F.2d 690· 2d Cir.· 1965-02-16 ·cited 10×
• Ephraim Cross and Mary Cross v. United States
  336 F.2d 431· 2d Cir.· 1964-08-07 ·cited 10×
  The court held that summary judgment was improperly granted because the deductibility of travel expenses for educational purposes presents genuine issues of material fact requiring a trial.
• Condit v. Commissioner OF Internal Revenue
  329 F.2d 153· 6th Cir.· 1964-03-17 ·cited 10×
  The court held that the taxpayer's expenditures for law school were not deductible as ordinary and necessary business expenses because the primary purpose was to qualify for a new profession.
• Bell v. Commissioner OF Internal Revenue
  320 F.2d 953· 8th Cir.· 1963-08-12 ·cited 10×
  Legal expenses incurred in defending against criminal tax evasion charges, even following a nolo contendere plea, are not deductible as ordinary and necessary business expenses. Similarly, expenses for disciplinary actions arising from the same criminal conduct are also not deduc
• Shippy v. United States
  308 F.2d 743· 8th Cir.· 1962-10-24 ·cited 10×
  The court held that the $23,000 payment was a refundable deposit for future feed purchases, not an ordinary and necessary business expense deductible in the current tax year.
• The Conn. Light & Power Co. v. The United States
  299 F.2d 259· Ct. Cl.· 1962-02-07 ·cited 10×
• Long v. Commissioner OF Internal Revenue
  277 F.2d 239· 8th Cir.· 1960-04-13 ·cited 10×
  The court held that expenditures for club dues and campaign expenses for a club's Board of Governors are not deductible as ordinary and necessary business expenses for a lawyer.
• F. Strauss & SON, Inc. v. Commissioner OF Internal Revenue
  251 F.2d 724· 8th Cir.· 1958-01-24 ·cited 10×
  Expenditures for lobbying or promoting/defeating legislation are not deductible as ordinary and necessary business expenses under Section 23(a)(1)(A) of the Internal Revenue Code of 1939.
• Lilly v. Commissioner of Internal Revenue
  188 F.2d 269· 4th Cir.· 1951-04-02 ·cited 10×
  Rebates paid by opticians to oculists for patient referrals are not deductible as ordinary and necessary business expenses because they violate public policy by corrupting the fiduciary relationship between doctor and patient.
• Commissioner of Internal Revenue v. Josephs
  168 F.2d 233· 8th Cir.· 1948-05-20 ·cited 10×
  The Tax Court correctly allowed a deduction for a fiduciary's settlement payment, as it was an ordinary and necessary expense incurred for the production of income or management of property.
• Thomas Flexible Coupling Co. v. Commissioner of Internal Revenue
  158 F.2d 828· 3d Cir.· 1946-08-20 ·cited 10×
  Royalty payments made by a corporation to the wife of its president, even if valid under state law, are not deductible as ordinary and necessary business expenses for federal tax purposes if they lack consideration and are essentially voluntary.
• Knight-Campbell Music Co. v. Commissioner of Internal Revenue
  155 F.2d 837· 10th Cir.· 1946-05-23 ·cited 10×
  The court held that the $10,000 paid for legal services was an ordinary and necessary business expense deductible by the taxpayer.
• Esmond Mills v. Commissioner of Internal Revenue
  132 F.2d 753· 1st Cir.· 1943-01-07 ·cited 10×
  The court held that expenditures by a parent corporation to its subsidiary, which were treated as loans or capital contributions, were not deductible as ordinary and necessary business expenses or uncompensated losses for the parent, as the corporations were separate taxable enti
• Owens v. Commissioner of Internal Revenue
  125 F.2d 210· 10th Cir.· 1942-01-13 ·cited 10×
  The court held that the amount transferred to Martha was a capital outlay and not deductible as an ordinary and necessary expense or loss. It also held that interest on the tax deficiency was properly exacted.
• D. W. Klein Co. v. Commissioner of Internal Revenue
  123 F.2d 871· 7th Cir.· 1941-11-28 ·cited 10×
  The court held that the series of transactions did not constitute a non-taxable statutory reorganization because the assets were sold by a bankruptcy trustee to an individual bidder, not transferred from one corporation to another as part of a reorganization plan. Furthermore, p
• Birnbaum v. Commissioner of Internal Revenue
  117 F.2d 395· 7th Cir.· 1941-02-06 ·cited 10×
  The court held that the taxpayer's unsupported testimony was insufficient to establish that payments were ordinary and necessary business expenses, and thus the Board of Tax Appeals did not err in refusing the claimed deductions.
• Tancredo Berges v. Berges
  871 So. 2d 919· Fla. 3d DCA· 2004-03-17 ·cited 9×
  In this family law appeal, the Third District Court of Appeal reversed a trial court's child support calculation, holding that the court erred by treating the husband's gross business receipts as personal income without deducting ordinary and necessary business expenses as requir
• Sorrell v. Commissioner OF Internal Revenue
  882 F.2d 484· 11th Cir.· 1989-09-01 ·cited 8×
  The pre-opening expense doctrine applies to expenses incurred under § 212 of the Internal Revenue Code, barring current deductibility for expenditures made before a business commences operations.
• Johnsen v. Commissioner OF Internal Revenue
  794 F.2d 1157· 6th Cir.· 1986-07-11 ·cited 8×
  Pre-opening expenses incurred by a limited partnership are not currently deductible under 26 U.S.C. § 212, as they are considered capital expenditures and not ordinary and necessary expenses. The "pre-opening expense doctrine" applies to § 212 as well as § 162(a).
• Campbell Taggart, Inc. v. United States
  744 F.2d 442· 5th Cir.· 1984-10-19 ·cited 8×
  A holding company can utilize the Corn Products doctrine if it acquires an asset as an indirect means of incurring what would otherwise be a deductible business expense, even if the asset is normally a capital asset.
• Kasun v. United States
  671 F.2d 1059· 7th Cir.· 1982-03-05 ·cited 8×
  Daily travel expenses incurred commuting between a taxpayer's residence and a place of employment are nondeductible personal expenses if the employment is indefinite in duration.
• Gran v. Commissioner OF Internal Revenue
  664 F.2d 199· 8th Cir.· 1981-11-23 ·cited 8×
  The court held that the costs of establishing a family trust were nondeductible personal expenses, not ordinary and necessary business expenses.
• Carter v. Commissioner OF Internal Revenue
  645 F.2d 784· 9th Cir.· 1981-05-18 ·cited 8×
  The court held that the Tax Court did not err in disallowing deductions for yachting and tuition expenses because the activities were not engaged in for profit.
• Prentiss M. Brown, Jr. v. United States
  526 F.2d 135· 6th Cir.· 1975-12-09 ·cited 8×
  Legal expenses incurred in a shareholder derivative action to determine the value of stock in response to a purchase offer are capital expenditures related to the disposition of the stock, not deductible ordinary and necessary expenses for the production or collection of income.
• Cam F. Dowell, Jr. v. United States
  522 F.2d 708· 5th Cir.· 1975-11-07 ·cited 8×
  The court held that the taxpayers failed to meet the strict substantiation requirements of I.R.C. § 274(d) for travel and entertainment expenses, and that the District Court applied the wrong legal standard in finding otherwise.
• Bodzin v. Commissioner OF Internal Revenue
  509 F.2d 679· 4th Cir.· 1975-01-20 ·cited 8×
  The court held that the taxpayer's rental expenses for a home office were not deductible as business expenses because the taxpayer had a suitable office provided by his employer and chose to work at home for personal convenience.
• Nathan and Joanne T. Cummings v. Commissioner OF Internal Revenue
  506 F.2d 449· 2d Cir.· 1974-10-31 ·cited 8×
  The court held that a payment made under Section 16(b) of the Securities Exchange Act of 1934 for a sale and repurchase violation should not be treated as a repayment of income under the Arrowsmith/Skelly Oil doctrine.
• Fausner v. Commissioner OF Internal Revenue
  472 F.2d 561· 5th Cir.· 1973-01-17 ·cited 8×
  The court held that a taxpayer cannot deduct commuting expenses, even if carrying work-related items, without proving expenses exceeding ordinary commuting costs.
• Five Lakes Outing Club v. United States
  468 F.2d 443· 8th Cir.· 1972-10-24 ·cited 8×
  Expenses incurred by a social club in operating its recreational programs at a loss are not deductible as ordinary and necessary expenses of carrying on a trade or business under 26 U.S.C. § 162(a) from profits of other endeavors if the recreational activities are not motivated b
• Hughes v. Commissioner OF Internal Revenue
  451 F.2d 975· 2d Cir.· 1971-12-07 ·cited 8×
  The court held that the taxpayer failed to meet the substantiation requirements of Internal Revenue Code § 274 for business entertainment expenses.
• Brooks v. Commissioner OF Internal Revenue
  424 F.2d 116· 5th Cir.· 1970-04-08 ·cited 8×
  The court held that operating expenses incurred by the owner of a working interest in oil and gas properties, even if they exceed the income during the payout of a retained production payment, are deductible as ordinary and necessary business expenses under Section 162 of the Int
• United States Freight Co. & Subsidiaries v. The United States
  422 F.2d 887· Ct. Cl.· 1970-02-20 ·cited 8×
  The court's majority opinion held that the receipt of liquidated damages for breach of a contract to purchase property does not result from a 'sale or exchange' and is therefore ordinary income.
• Lincoln Sav. & Loan Ass'n v. Commissioner OF Internal Revenue
  422 F.2d 90· 9th Cir.· 1970-02-03 ·cited 8×
  Payments made by a savings and loan association to the FSLIC Secondary Reserve are deductible as ordinary and necessary business expenses in the year paid, not capital expenditures.
• James A. and Isabelle Carroll v. Commissioner OF Internal Revenue
  418 F.2d 91· 7th Cir.· 1969-10-22 ·cited 8×
  The court held that educational expenses incurred by a police detective for general college courses, primarily intended to prepare for law school, are not deductible business expenses under the Internal Revenue Code.
• Furner v. Commissioner OF Internal Revenue
  393 F.2d 292· 7th Cir.· 1968-02-28 ·cited 8×
  Educational expenses incurred by a teacher for full-time graduate study are deductible as ordinary and necessary business expenses, even without a formal leave of absence, if the study is a normal incident of carrying on the business of teaching.
• United States v. Gen. Bancshares Corp.
  388 F.2d 184· 8th Cir.· 1968-01-02 ·cited 8×
  Expenses incurred in divesting non-banking assets to comply with the Bank Holding Act are deductible as ordinary and necessary business expenses, but expenses for changing the corporate name are not.
• United States v. Haskel Eng'g & Supply Co.
  380 F.2d 786· 9th Cir.· 1967-06-21 ·cited 8×
  The court held that interest paid on debenture bonds was deductible as a business expense, but redemption premiums were not deductible as they were unreasonable. The court also held that the taxpayer failed to prove the Commissioner abused his discretion regarding bad debt deduct
• Tim W. Lillie and Ingeborg v. Lillie
  370 F.2d 562· 9th Cir.· 1966-12-29 ·cited 8×
  Taxpayers cannot deduct prepaid cattle feed expenses in the year of payment if the feed was not consumed in that year.
• Madyo A. Poletti and Marian Poletti v. Commissioner OF Internal Revenue
  330 F.2d 818· 8th Cir.· 1964-04-23 ·cited 8×
  The Tax Court erred in failing to apply the Cohan rule to allow approximation of deductible business expenses beyond stipulated amounts, even when finding such expenses were ordinary and necessary.
• Swed Distrib. Co. v. Commissioner OF Internal Revenue
  323 F.2d 480· 5th Cir.· 1963-09-27 ·cited 8×
  Payments made by a corporation to a partnership composed of its shareholders, which were originally made to secure a business contract but later served no business purpose and were essentially a distribution of profits, are not deductible as ordinary and necessary business expens
• Dixie Mach. Welding & Metal Works, Inc. v. United States
  315 F.2d 439· 5th Cir.· 1963-03-21 ·cited 8×
  Payments made in violation of a state commercial bribery statute, without the employer's knowledge or consent, are not deductible as ordinary and necessary business expenses because they frustrate state public policy.
• Hearn v. Commissioner OF Internal Revenue
  309 F.2d 431· 9th Cir.· 1962-10-31 ·cited 8×
  The court held that the Tax Court correctly disallowed deductions for entertainment expenses and uncollected litigation advances because the taxpayer failed to meet his burden of proof.
• Lentin v. Commissioner OF Internal Revenue
  226 F.2d 695· 7th Cir.· 1955-10-14 ·cited 8×
  The Tax Court correctly applied collateral estoppel to determine the petitioner willfully violated the Price Control Act and properly denied the deduction for the penalty payment as it would frustrate public policy.