Ordinary And Necessary Business Expenses

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

• Jack J. and Esther L. Barton v. Commissioner OF Internal Revenue
  424 F.2d 1295· 7th Cir.· 1970-02-26 ·cited 2×
  The court held that the taxpayer failed to prove that travel and meal expenses were ordinary and necessary business expenses rather than personal living costs, and affirmed the Tax Court's decision.
• Doran S. Weinstein and Jean S. Weinstein v. The United States
  420 F.2d 700· Ct. Cl.· 1970-01-23 ·cited 2×
  Expenses incurred in investigating and attempting to acquire new investments are not deductible under Section 212 of the Internal Revenue Code.
• Monroe J. Paxman and Shirley B. Paxman v. Commissioner OF Internal Revenue
  414 F.2d 265· 10th Cir.· 1969-08-07 ·cited 2×
  The court held that expenditures for constructing a home recreation room, even if entered into a contest, are capital outlays and not deductible ordinary and necessary expenses.
• Mitchell v. The United States
  408 F.2d 435· Ct. Cl.· 1969-03-14 ·cited 2×
  The court held that legal and accounting fees incurred in defending a lawsuit related to the sale of corporate stock were capital expenditures, not ordinary and necessary business expenses, and thus not deductible.
• Sumner E. and Barbara P. Brown v. The United States
  396 F.2d 459· Ct. Cl.· 1968-06-14 ·cited 2×
  A purported capital loss from a transaction lacking economic substance and entered into primarily for tax benefits is not deductible under I.R.C. § 165(c)(2).
• Beerman v. United States
  390 F.2d 638· 6th Cir.· 1968-02-09 ·cited 2×
  Legal fees incurred in settling a business dispute related to income-producing property are deductible.
• Grauman v. Commissioner OF Internal Revenue
  357 F.2d 504· 9th Cir.· 1966-02-25 ·cited 2×
  The court held that the taxpayer's loan to a corporation and payments to its creditors were not deductible as business bad debts or expenses because they were not sufficiently related to his trade or business to be considered ordinary and necessary.
• Loewy Drug Co. OF Baltimore City v. United States
  356 F.2d 928· 4th Cir.· 1966-02-03 ·cited 2×
  The court held that payments to a deceased employee's widow, not made pursuant to any obligation or for corporate benefit, were not deductible as ordinary and necessary business expenses.
• Dukehart-Hughes Tractor & Equip. Co., Inc. v. The United States
  341 F.2d 613· Ct. Cl.· 1965-02-19 ·cited 2×
  The court held that certain expenditures made by the taxpayer to public officials were not deductible as business expenses because they violated Iowa Code § 741.1.
• United Draperies, Inc. v. Commissioner OF Internal Revenue
  340 F.2d 936· 7th Cir.· 1964-12-29 ·cited 2×
  The court held that payments and gifts made to customer employees to secure business were not deductible as ordinary and necessary business expenses under Section 162(a) of the Internal Revenue Code.
• United States v. Michaelsen
  313 F.2d 668· 9th Cir.· 1963-01-31 ·cited 2×
  Expenses for education undertaken to maintain current employment status, even if it also leads to a higher certification, are deductible as ordinary and necessary business expenses.
• Walsh v. Commissioner OF Internal Revenue
  313 F.2d 389· 4th Cir.· 1963-01-15 ·cited 2×
  The court held that advances made by the taxpayer to his son's corporation, which became worthless, constituted nonbusiness debts and were not fully deductible as business bad debts.
• Dennehy v. Commissioner OF Internal Revenue
  309 F.2d 149· 6th Cir.· 1962-10-17 ·cited 2×
  Expenses incurred during a sabbatical summer for foreign travel are not deductible as ordinary and necessary business expenses if the travel is not required for employment and offers no direct benefit to the employer.
• Reade Mfg. Co., Inc. v. United States
  301 F.2d 803· 3d Cir.· 1962-03-06 ·cited 2×
  Payments made by a corporation to settle a claim against its individual stockholders, where the corporation had not assumed the liability and the payments were made after the threat to the corporation's business had been eliminated, are not deductible as ordinary and necessary bu
• Commissioner OF Internal Revenue v. Reise
  299 F.2d 380· 7th Cir.· 1962-02-27 ·cited 2×
  Certain state income taxes, deficiencies, interest, and legal fees are deductible in computing a net operating loss carryback.
• MAY v. Commissioner OF Internal Revenue
  299 F.2d 725· 4th Cir.· 1962-02-21 ·cited 2×
  The court held that the taxpayer failed to demonstrate that the yacht was held for the production of income, thus expenses and depreciation were not deductible.
• Briley v. United States
  298 F.2d 161· 6th Cir.· 1962-01-30 ·cited 2×
  The court held that the accelerated lump sum payment of rent, made to modify a lease agreement and facilitate the sale of the lease and stock, was deductible as an ordinary and necessary expense.
• Mountain Paper Prods. Corp. v. United States
  287 F.2d 957· 2d Cir.· 1961-03-14 ·cited 2×
  The court held that the plaintiff's expenditures for acquiring another company were not deductible as ordinary and necessary business expenses.
• Sterno v. Commissioner OF Internal Revenue
  286 F.2d 548· 2d Cir.· 1961-02-08 ·cited 2×
  The court held that the taxpayer failed to prove the reasonableness of the commissions paid to its subsidiary, thus the excess was not deductible.
• Gilman Paper Co. v. Commissioner OF Internal Revenue
  284 F.2d 697· 2d Cir.· 1960-12-13 ·cited 2×
  The court held that the Tax Court did not err in disallowing a portion of the salary deduction because the compensation agreement was not an arm's-length transaction and the excess amount was deemed a dividend.
• Harris v. United States
  275 F.2d 238· 9th Cir.· 1960-02-03 ·cited 2×
  Attorney fees incurred in resisting a claim to income-producing property in a divorce action are not deductible as ordinary and necessary expenses for the management, conservation, or maintenance of property held for the production of income.
• United States v. Amherst Coal Co.
  272 F.2d 930· 4th Cir.· 1959-12-15 ·cited 2×
  The court held that the district court must make specific findings of fact regarding the expenditures for new power lines and substations to determine if they are deductible business expenses or capital expenditures.
• United States v. Winters
  261 F.2d 675· 10th Cir.· 1958-11-13 ·cited 2×
  The court held that the expenditure did not severely and immediately frustrate a sharply defined public policy of Oklahoma, making it deductible.
• A. D. Juilliard & Co., Inc. v. Johnson
  259 F.2d 837· 2d Cir.· 1958-09-29 ·cited 2×
  Payments made in settlement of civil penalties for violations of price regulations, stemming from negligence and failure to take practicable precautions, are not deductible as ordinary and necessary business expenses because allowing such deductions would frustrate the policy of
• Commissioner OF Internal Revenue v. Multnomah Operating Co.
  248 F.2d 661· D.C. Cir.· 1957-09-30 ·cited 2×
  The court held that payments made by a taxpayer to its stockholders were reasonable compensation for services rendered and thus deductible as ordinary and necessary business expenses.
• Gooch v. Commissioner OF Internal Revenue
  240 F.2d 324· 7th Cir.· 1957-01-24 ·cited 2×
  A taxpayer is not entitled to a dependency credit for a parent whose gross income exceeds $500, regardless of expenses incurred in earning that income.
• Capitol Indem. Ins. Co. v. Commissioner OF Internal Revenue
  237 F.2d 901· 7th Cir.· 1956-10-26 ·cited 2×
  Payments made by Capitol to Founder's Stock holders were deductible as ordinary and necessary business expenses.
• United States v. The Times-Mirror Co.
  231 F.2d 876· 9th Cir.· 1956-02-29 ·cited 2×
  The court held that the trial court erred by misapplying the legal standard for distinguishing capital expenditures from ordinary and necessary expenses.
• United States v. Mellinger
  228 F.2d 688· 5th Cir.· 1956-01-06 ·cited 2×
  Premiums paid on life insurance policies of a debtor, held as collateral for a worthless debt, are not deductible as non-business expenses under Section 23(a)(2) of the Internal Revenue Code of 1939.
• Forbes v. Commissioner of Internal Revenue
  204 F.2d 777· 2d Cir.· 1953-06-03 ·cited 2×
  The court held that the taxpayer could not deduct dues paid to Investors League as a non-trade or non-business expense.
• Standard Galvanizing Co. v. Commissioner of Internal Revenue
  202 F.2d 736· 7th Cir.· 1953-03-17 ·cited 2×
  Legal fees incurred by a corporation to defend its president's interest in stock pledged as security for corporate loans are deductible as ordinary and necessary business expenses.
• Kanne v. Am. Factors
  190 F.2d 155· 9th Cir.· 1951-06-13 ·cited 2×
  Litigation expenses incurred in defending a business against charges of fraud and conspiracy are ordinary and necessary business expenses, deductible in the year paid. However, expenses paid by the taxpayer prior to the tax year in question are not deductible in that year, even i
• Commissioner of Internal Revenue v. Motch et ux.
  180 F.2d 859· 6th Cir.· 1950-03-20 ·cited 2×
  An army officer performing services for the government in an official capacity is not considered to be "carrying on any trade or business" within the meaning of the Internal Revenue Code, and thus cannot claim ordinary and necessary business expense deductions for personal expens
• Roberts Filter MFG. Co. v. Commissioner of Internal Revenue
  174 F.2d 79· 3d Cir.· 1949-03-25 ·cited 2×
  The court held that the creation of the profit-sharing trust was not an ordinary and necessary business expense, and therefore the contribution was not deductible.
• Commissioner of Internal Revenue v. Benson
  146 F.2d 191· 9th Cir.· 1944-12-13 ·cited 2×
  The court held that expenses incurred by a taxpayer for a required uniform are deductible as ordinary and necessary expenses for the production of income.
• Commissioner of Internal Revenue v. Kenan
  145 F.2d 568· 2d Cir.· 1944-11-10 ·cited 2×
  Expenses incurred by trustees for legal services related to tax litigation and distribution of trust corpus are not deductible as ordinary and necessary expenses for the production or collection of income, or for management, conservation, or maintenance of property held for the p
• Higgins v. Commissioner of Internal Revenue
  143 F.2d 654· 1st Cir.· 1944-06-30 ·cited 2×
  Fees paid for general tax advice and preparation of income tax returns are not deductible as non-trade or non-business expenses under Section 23(a)(2) of the Internal Revenue Code.
• Helvering v. Prentice
  139 F.2d 691· 3d Cir.· 1943-12-22 ·cited 2×
  The court vacated the Board's decision and remanded the case because it lacked the power to make factual findings necessary for the legal conclusion sought by the taxpayer.
• Flood v. United States
  133 F.2d 173· 1st Cir.· 1943-01-29 ·cited 2×
  The income of a trust is taxable to the grantors if they retain substantial control, and pension payments made after business dissolution are deductible as ordinary and necessary expenses connected to the former business.
• Frick v. Driscoll
  129 F.2d 148· 3d Cir.· 1942-05-29 ·cited 2×
  The court held that income withheld by a trustee for future real estate taxes is not an accumulation taxable to the trustee if the trust instrument mandates distribution of all net income and the trustee has sufficient current income to cover taxes. The court also held that attor
• Brown v. Norwood
  291 So. 3d 1005· Fla. 5th DCA· 2020-02-27 ·cited 1×
  The court held that the trial court abused its discretion by failing to consider ordinary and necessary business expenses when calculating the former husband's gross monthly income for alimony and child support.
• Aixa Lebron Crespo v. Lebron
  240 So. 3d 888· Fla. 5th DCA· 2018-03-29 ·cited 1×
  The court reversed and remanded a child support determination because the trial court improperly included unsubstantiated business losses in calculating the obligor's gross income.
• Fla. Progress Corp. v. United States
  156 F. Supp. 2d 1265· M.D. Fla.· 1999-12-02 ·cited 1×
  The court held that underground Extension of Facilities Charges (EFCs) paid by customers to a utility for extensions serving only that customer are taxable customer connection fees, not non-taxable Contributions-in-Aid-of-Construction under § 118(b).
• In re Placid OIL Co. v. Internal Revenue Serv.
  988 F.2d 554· 5th Cir.· 1993-04-15 ·cited 1×
  The court held that Placid Oil Company provided sufficient evidence to meet its burden of production regarding the deductibility of professional fees and expenses incurred during bankruptcy, shifting the burden to the IRS to prove disallowance.
• Gomas v. United States
  M.D. Fla.· 2023-07-17
  The court held that IRA distributions are taxable income to the distributee, even if subsequently stolen, and that funds paid to a perpetrator of fraud are not deductible as business expenses when the business is closed and the payments are for personal liability protection.
• Marenco v. Marenco
  Fla. 2d DCA· 2020-02-07
  This case involves an appeal from a dissolution of marriage judgment. The appellate court agreed with the Former Wife that the trial court made errors in calculating child support and failed to resolve all issues, reversing in part and remanding for further proceedings.
• Crespo v. Lebron
  Fla. 5th DCA· 2018-03-26
  Business losses cannot be subtracted from gross income in calculating child support obligations unless established by competent, substantial evidence.
• Segnini v. Segnini
  10 So. 3d 188· Fla. 4th DCA· 2009-04-08
  The trial court erred in calculating the father's gross monthly income by failing to deduct ordinary and necessary business expenses from his gross receipts.
• Ifeanyi Ejiego v. Sebrina Vickers
  837 So. 2d 1191· Fla. 2d DCA· 2003-02-28
  Ifeanyi Ejiego challenges a child support order requiring him to pay $930.84 monthly, arguing the trial court's income calculations were unsupported by the record. The appellate court agrees, finding the trial court's imputed income figures lack evidentiary support and remands fo
• Stokely-Van Camp, Inc. v. The United States
  974 F.2d 1319· Fed. Cir.· 1992-09-09
  A corporation that fails to meet DISC qualification requirements cannot use a regulation designed to prevent taxpayers from disavowing DISC status to retroactively claim DISC status for tax deduction purposes. Premiums paid to redeem stock are capital expenditures, not deductible