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10 B.T.A. 1297

Pollock v. Commissioner

United States Board of Tax Appeals

Decided March 12, 1928

United States Board of Tax Appeals · decided 1928-03-12

Amounts necessarily paid out of his personal funds by a naval officer appointed the Governor of American Samoa for official entertainment of representatives of foreign governments held deductible as ordinary and necessary expenses.

Relies on Jackling v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1928-03-12

How this case has been cited

Cited by 4 later decisions — most recently August 1987

201928193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1300OPINION.

SteRNhagen:

¶2The very full and complete statement of the facts and circumstances under which these expenditures were made establishes clearly that they were ordinary and necessary expenses paid by the petitioner jn carrying on the occupation in which he was engaged for livelihood. The amount is expressly limited to such as was spent, not for his personal convenience or enjoyment, but for account of his office and which he had no election but to make. His income depended on them — at least the continuance of his naval standing, from which his income was derived, required them and would have been seriously jeopardized had he failed to make them. We are of opinion that the amount is a proper deduction. See D. C. Jackling, 9 B. T. A. 312.

¶3Reviewed by the Board.

¶4Judgment will be entered for the petitioner.

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