Ordinary And Necessary Business Expenses

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

• C. Ludwig Baumann & Co. v. Marcelle
  203 F.2d 459· 2d Cir.· 1953-04-07 ·cited 8×
  The court held that a settlement payment made by a lessee to a lessor's bondholders, arising from a claim for damages due to rent reductions, was an ordinary and necessary business expense deductible under § 23(a)(1)(A) of the Internal Revenue Code.
• Univ. Chevrolet Co., Inc. v. Commissioner of Internal Revenue
  199 F.2d 629· 5th Cir.· 1952-11-04 ·cited 8×
  The court held that the Tax Court's findings regarding reasonable compensation for a sole stockholder's salary and bonus were not clearly erroneous and affirmed the decision.
• R. H. Oswald Co., Inc. v. Commissioner of Internal Revenue
  185 F.2d 6· 7th Cir.· 1950-11-10 ·cited 8×
  The court held that the Tax Court was justified in rejecting the petitioner's claimed compensation deductions as unreasonable and that the petitioner failed to meet its burden of proof.
• Bartlett v. Delaney
  173 F.2d 535· 1st Cir.· 1949-03-23 ·cited 8×
  A tax refund received in a later year cannot be used to retroactively eliminate a deduction properly taken in an earlier year, even if the tax liability for the earlier year is still open for adjustment.
• McDonald v. Commissioner of Internal Revenue
  139 F.2d 400· 3d Cir.· 1943-12-09 ·cited 8×
  Campaign expenses incurred by a candidate for public office are not deductible as ordinary and necessary business expenses, losses, or expenses for the production of income.
• Daily Journal Co. v. Commissioner of Internal Revenue
  135 F.2d 687· 9th Cir.· 1943-04-29 ·cited 8×
  The court held that a corporation's payment of its president's salary for managing another corporation, pursuant to an agreement, is a deductible ordinary and necessary business expense.
• Am. Hotels Corp. v. Commissioner of Internal Revenue
  134 F.2d 817· 2d Cir.· 1943-03-06 ·cited 8×
  A taxpayer on an accrual basis cannot deduct an expense in a taxable year unless there was a reasonably clear definitization of the amount of the expense within that year.
• Helvering v. Highland
  124 F.2d 556· 4th Cir.· 1942-01-05 ·cited 8×
  Attorney's fees and miscellaneous expenses incurred in lawsuits related to managing and continuing the estate's businesses are deductible as ordinary and necessary business expenses for income tax purposes.
• Spreckels v. Commissioner of Internal Revenue
  119 F.2d 667· 9th Cir.· 1941-05-15 ·cited 8×
  Selling commissions are not deductible as ordinary and necessary business expenses, except for dealers in securities, and must be treated as an offset against selling prices.
• Rosenfeld v. Commissioner OF Internal Revenue
  706 F.2d 1277· 2d Cir.· 1983-05-02 ·cited 7×
  A taxpayer may deduct rent payments made to a trust established for his children, even if the taxpayer gifted the property to the trust and then leased it back for his professional use, provided the transaction involves a real transfer of economic interests and satisfies specific
• Heidt v. Commissioner OF Internal Revenue
  274 F.2d 25· 7th Cir.· 1959-12-14 ·cited 7×
  Automobile expenses voluntarily not reimbursed by an employee are not deductible as ordinary and necessary business expenses for the employee, even if the employee self-imposed a rule against claiming reimbursement.
• Jackson v. Commissioner OF Internal Revenue
  864 F.2d 1521· 10th Cir.· 1989-01-10 ·cited 6×
  The court held that taxpayers' expenditures were preopening expenses, not deductible business expenses, and that reliance on an accountant's advice that no tax was due did not constitute reasonable cause for failure to file timely returns.
• McKEAGUE v. The United States
  788 F.2d 755· Fed. Cir.· 1986-04-22 ·cited 6×
  The court held that the Claims Court failed to adequately explain its reasoning regarding the origin of the claim, necessitating a remand for further clarification.
• Brown v. United States
  782 F.2d 559· 6th Cir.· 1986-01-23 ·cited 6×
  The court held that the determination of whether a lessee who becomes a sublessor intended to mine the coal or always intended to sublease is a question of fact crucial for applying the step transaction doctrine. The case is remanded for this factual determination.
• Est. OF Dan B. Cull v. Commissioner OF Internal Revenue
  746 F.2d 1148· 6th Cir.· 1984-10-23 ·cited 6×
  A full-time gambler who only bets their own money and does not offer goods or services to others is not engaged in a "trade or business" for the purpose of deducting gambling losses against adjusted gross income.
• Honodel v. Commissioner OF THE Internal Revenue
  722 F.2d 1462· 9th Cir.· 1984-01-04 ·cited 6×
  The court held that fees paid for the acquisition of capital assets are nondeductible capital expenditures, and that depreciation must be calculated based on the physical useful life of the property, not its economic useful life as determined by potential tax benefits.
• Encyclopaedia Britannica, Inc. v. Commissioner OF Internal Revenue
  685 F.2d 212· 7th Cir.· 1982-08-09 ·cited 6×
  Expenditures made to acquire a manuscript for a book intended to generate income over several years are capital expenditures, not immediately deductible business expenses.
• NCNB Corp. v. United States
  651 F.2d 942· 4th Cir.· 1981-06-18 ·cited 6×
  Expenditures that provide benefits for more than one accounting period must be capitalized and cannot be fully expensed in the year incurred, even if they are ordinary and necessary business expenses.
• Redwood Empire Sav. & Loan Ass'n v. Commissioner OF Internal Revenue
  628 F.2d 516· 9th Cir.· 1980-08-11 ·cited 6×
  The Tax Court correctly determined that the loss on the sale of Malibu Springs was not an ordinary business loss and that legal fees and settlement costs were capital expenditures, not deductible business expenses.
• Morton-Norwich Prods., Inc. v. The United States
  602 F.2d 270· Ct. Cl.· 1979-07-18 ·cited 6×
  Interest on an income tax deficiency resulting from an allocation under I.R.C. § 482 is properly assessable from the time the original tax return for that year was due.
• Quinlivan v. Commissioner OF Internal Revenue
  599 F.2d 269· 8th Cir.· 1979-05-24 ·cited 6×
  Rental payments made by a taxpayer to a trust for the use of property previously owned by the taxpayer and transferred to the trust are deductible as ordinary and necessary business expenses under I.R.C. § 162(a)(3) if the statutory requirements are met, regardless of the tax-avo
• Jack's Cookie Co. v. The United States
  597 F.2d 395· 4th Cir.· 1979-04-25 ·cited 6×
  The court held that payments into a reserve fund, even if mandatory for continued lease possession, are not deductible as current business expenses if they are capital in nature and provide benefits beyond the tax year.
• Malone & Hyde, Inc. v. United States
  568 F.2d 474· 6th Cir.· 1978-01-20 ·cited 6×
• Blaine M. and Virginia C. Madden v. Commissioner OF Internal Revenue
  514 F.2d 1149· 9th Cir.· 1975-04-09 ·cited 6×
  Legal fees incurred in resisting condemnation of land for a reservoir are capital expenses, not ordinary and necessary business expenses, and thus are not deductible.
• Mrs. William Betty Helis v. Usry
  496 F.2d 1319· 5th Cir.· 1974-07-15 ·cited 6×
  The court held that the government waived its right to object to the sufficiency of the taxpayers' refund claims by failing to raise the issue until the second appeal.
• Morton E. Cole v. Commissioner OF Internal Revenue
  481 F.2d 872· 2d Cir.· 1973-07-17 ·cited 6×
  The court held that travel expenses and weekly compensation payments made to a former employee after statutory limits expired were not deductible as ordinary and necessary business expenses.
• Bordo Prods. Co. v. The United States
  476 F.2d 1312· Ct. Cl.· 1973-04-13 ·cited 6×
  The court held that advances made by Bordo Products Company (Bordo) to C. M. Pitt & Sons Company (Pitt) constituted debt for tax purposes, allowing Bordo to claim a bad debt deduction for the unrecovered loans. The court also affirmed Bordo's entitlement to deductions for related
• Dustin v. Commissioner OF Internal Revenue
  467 F.2d 47· 9th Cir.· 1972-08-01 ·cited 6×
  The court held that the taxpayer failed to prove the partnership debt was worthless in 1961, that expenses for acquiring a broadcast license must be capitalized, and that the taxpayer's late filing was not excused by reasonable cause.
• Dynamics Corp. OF Am. (Formerly Claude Neon v. The United States
  449 F.2d 402· Ct. Cl.· 1971-10-15 ·cited 6×
  The court held that the gain from the sale of real property should be attributed to the plaintiff (Dynamics) and not its subsidiary (Reeves), and that the $400,000 settlement payment was not deductible as an ordinary business expense.
• Cornwall v. Comm'r Internal Revenue Serv.
  448 F.2d 1030· 9th Cir.· 1971-09-01 ·cited 6×
  The dissenting judge would affirm the Tax Court's determination that the primary purpose of Mr. Stratton's 'home leave' was for vacation.
• Lukens Steel Co. v. Commissioner OF Internal Revenue
  442 F.2d 1131· 3d Cir.· 1971-05-03 ·cited 6×
• Weiszmann v. Commissioner OF Internal Revenue
  443 F.2d 29· 9th Cir.· 1971-03-29 ·cited 6×
• Ransburg v. United States
  440 F.2d 1140· 10th Cir.· 1971-03-04 ·cited 6×
  The court held that litigation expenses incurred by a taxpayer in a dispute over a stock buy-sell agreement were not deductible as ordinary and necessary business expenses or expenses for the production of income, nor were they capital expenditures.
• Maness v. United States
  367 F.2d 357· 5th Cir.· 1966-10-13 ·cited 6×
  Campaign expenditures by a state judge for re-election are not deductible as ordinary and necessary business expenses or as expenses for the production of income.
• Est. of Joseph P. Morgan v. Commissioner OF Internal Revenue
  332 F.2d 144· 5th Cir.· 1964-05-22 ·cited 6×
  The court held that the predominant aspect of the litigation was the defense of income, not title, and therefore a greater portion of the expenses should be deductible.
• Welsh v. United States
  329 F.2d 145· 6th Cir.· 1964-03-17 ·cited 6×
  The court held that the taxpayer's expenditures for tuition and books in attending night law school were properly deductible as ordinary and necessary business expenses.
• Peckham v. Commissioner OF Internal Revenue
  327 F.2d 855· 4th Cir.· 1964-02-06 ·cited 6×
  Legal expenses incurred in the unsuccessful defense of a criminal prosecution are not deductible as ordinary and necessary business expenses if the taxpayer fails to prove the expenses were related to their profession.
• Surasky v. United States
  325 F.2d 191· 5th Cir.· 1963-11-27 ·cited 6×
  Expenses incurred by a shareholder in a proxy battle to influence corporate management are deductible as non-business expenses if they are ordinary and necessary for the conservation or management of property held for the production of income.
• Falstaff Beer, Inc. v. Commissioner OF Internal Revenue
  322 F.2d 744· 5th Cir.· 1963-09-24 ·cited 6×
  Payments made by a beer distributor to its predecessor for the acquisition of a business, including goodwill, are capital expenditures and not deductible as ordinary and necessary business expenses.
• Nichols Loan Corp. OF Terre Haute v. Commissioner OF Internal Revenue
  321 F.2d 905· 7th Cir.· 1963-09-05 ·cited 6×
  The Tax Court's disallowance of certain business expense deductions was not clearly erroneous and its allocation of overhead expenses was correct.
• J. G. Boswell Co. & J. G. Boswell Co. (Successor by merger to Tulare Lake Land Company) v. Commissioner OF Internal Revenue
  302 F.2d 682· 9th Cir.· 1962-04-17 ·cited 6×
  A temporary loss of potential income due to flooding, physical damage repaired as business expenses, increased salt content mitigated by farming techniques, or speculative future crop restrictions do not constitute a deductible capital loss under Section 23(f) of the Internal Rev
• Freedman v. Commissioner OF Internal Revenue
  301 F.2d 359· 5th Cir.· 1962-04-10 ·cited 6×
  The court held that expenses incurred from a personal injury suit arising from commuting between a place of employment and a business partnership are not deductible as ordinary and necessary business expenses.
• Darco Realty Corp. v. Commissioner OF Internal Revenue
  301 F.2d 190· 2d Cir.· 1962-04-03 ·cited 6×
  The court held that payments made by a corporation to its controlling shareholders, characterized as 'finder's fees' and for management services, were actually distributions of profits and therefore not deductible as ordinary and necessary business expenses.
• Graybar Elec. Co., Inc. v. Commissioner OF Internal Revenue
  267 F.2d 403· 2d Cir.· 1959-04-13 ·cited 6×
  The court held that payments made to estates or relatives of deceased employee-stockholders were not deductible as ordinary and necessary business expenses because they were attributes of stock ownership, not compensation for services rendered.
• Richardson v. Commissioner OF Internal Revenue
  264 F.2d 400· 4th Cir.· 1959-03-03 ·cited 6×
  The court held that while tax deficiencies were correctly assessed, the fraud penalties were improperly imposed due to the government's failure to meet its burden of proof.
• The van Iderstine Co. v. Commissioner OF Internal Revenue
  261 F.2d 211· 2d Cir.· 1958-11-28 ·cited 6×
  Payments made to secure a supplier's continued business, without an enforceable contract, are deductible ordinary and necessary business expenses, not capital expenditures.
• Cammarano v. United States
  246 F.2d 751· 9th Cir.· 1957-07-08 ·cited 6×
  Contributions to a fund to defeat legislation are not deductible as ordinary and necessary business expenses under the Internal Revenue Code.
• Hoover Motor Express Co., Inc. v. United States
  241 F.2d 459· 6th Cir.· 1957-01-04 ·cited 6×
  Fines paid for violating state weight limitation laws are not deductible as ordinary and necessary business expenses because allowing such deductions would frustrate public policy.
• San Marco Shop, Inc. v. Commissioner of Internal Revenue
  223 F.2d 702· 5th Cir.· 1955-06-15 ·cited 6×
  The court held that the Tax Court's finding on the reasonableness of officers' compensation was not clearly erroneous, despite evidence that could support a larger amount.
• Commissioner of Internal Revenue. v. Adam
  215 F.2d 163· 2d Cir.· 1954-07-29 ·cited 6×
  The court held that the taxpayer's payment to settle litigation regarding statutory bank stock liability was an additional cost of the stock, deductible only as a capital loss, not an ordinary business loss. The court also affirmed that the cancellation of the old stock establish