¶1dissenting: I dissent on the first point. It seems to me this record establishes the fact that the petitioner, during the taxable year, was in the business of owning and operating real estate; that as an ordinary and necessary expense of that business, he paid, during that year, the disputed $400, and, accordingly, is entitled to its deduction under the Revenue Act of 1932, section 23 (a).
36 B.T.A. 884
Brawner v. Commissioner
United States Board of Tax Appeals
Decided November 16, 1937
United States Board of Tax Appeals · decided 1937-11-16
1. Over a period of years decedent, who had been in the milk and dairy business for 36 years, invested a large sum of money in improved… Held: the $400 is not an ordinary and necessary expense, because the particular transaction is held to have been an investment and not a trade or business carried on during the taxable year; held further, the decedent is entitled to a deduction of $4,257.85 for attorney fees, since the fees were paid in connection with and as a result of…
Good law ✅— No negative treatment on recordhow we know
Decided 1937-11-16
How this case has been cited
Cited by 10 later decisions — most recently June 2012
2 federal appellate ·
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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