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Commissioner of Internal Revenue v. Coke

Comm'r of Internal Revenue v. Coke, 201 F.2d 742 (5th Cir. 1953)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 6, 1953
Docket
No. 14064
Judges
Hutcheson, Strum, Rives
Citations
201 F.2d 742

Opinion — Per Curiam

PER CURIAM.

This appeal from a decision of the Tax Court 1

involves income taxes for the calendar year 1945.

It presents the single question whether, as the taxpayer claimed and the Tax Court in part found, legal and other expenses incurred in that year were deductible under Section 23(a)(2), I.R.C., 26 U.S.C.A.

The commissioner insisting'that the expenditures in their entirety constituted a part of the cost of the property recovered and were not deductible from gross income, urges upon us that the decision is incorrect and must be reversed.

We cannot agree. A careful examination of the record, the applicable statutes, and the governing principles convinces us that the Tax Court correctly decided the questions posed. Indeed, we are of the opinion that the Tax Court correctly stated, and as correctly appraised, the effect in fact and in law of the stipulated facts, and that, for the reasons given in its opinion, the decision should be affirmed.

1

. 17 T.C. 403 .

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 19 cases

View all citing references →
1953: 11955: 31956: 21958: 41959: 31960: 21963: 21965: 11967: 119532026peak 1958 · 4

Relies on it most ⓘ

  1. Harrison E. Spangler and Myrtle B. Spangler v. Commissioner of Internal Revenue323 F.2d 913 (9th Cir. 1963)
  2. Ingalls v. Patterson158 F. Supp. 627 (N.D. Ala. 1958)
  3. Gilmore v. United States245 F. Supp. 383 (N.D. Cal. 1965)
  4. Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P224 F.2d 547 (9th Cir. 1955)
  5. Ward v. Commissioner20 T.C. 332 (Tax Ct. 1953)
  6. Daniel S. W. Kelly v. Commissioner of Internal Revenue228 F.2d 512 (7th Cir. 1956)

Most recent

  1. John S. Lucas Et Ux. v. Commissioner of Internal Revenue388 F.2d 472 (1st Cir. 1967)
  2. Gilmore v. United States245 F. Supp. 383 (N.D. Cal. 1965)
  3. Harrison E. Spangler and Myrtle B. Spangler v. Commissioner of Internal Revenue323 F.2d 913 (9th Cir. 1963)
  4. Doering v. Commissioner39 T.C. 647 (Tax Ct. 1963)
  5. Munson v. Mcginnes283 F.2d 333 (3d Cir. 1960)
  6. Munson v. McGinnes283 F.2d 333 (3d Cir. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Coke v. Comm'r, 17 T.C. 403 (Tax Ct. 1951) 21

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