Opinion · United States Board of Tax Appeals

National Outdoor Advertising Bureau, Inc. v. Commissioner

Nat’l Outdoor Advert. Bureau, Inc. v. Comm’r, 32 B.T.A. 1025 (B.T.A. 1935)

Type
Opinion
Court
United States Board of Tax Appeals
Jurisdiction
Federal
Date
1935-07-25
Topic
general

Turnee, dissenting: I am unable to agree with the conclusion reached in the majority opinion in respect of the deduction claimed for attorney fees. The facts show that they were paid for legal services rendered in the defense of certain acts of the petitioner which were admitted in a consent decree to have been illegal, and, in my opinion, the rule laid down in Burroughs Building Material Co., v. Commissioner, 47 Fed. (2d) 178, should be applied. Van Fossan and Sea well agree with this dissent.

Citator

UpLaw has not yet analyzed National Outdoor Advertising Bureau, Inc. v. Commissioner. The absence of a flag is not a finding that it is good law.

Turnee,

dissenting: I am unable to agree with the conclusion reached in the majority opinion in respect of the deduction claimed for attorney fees. The facts show that they were paid for legal services rendered in the defense of certain acts of the petitioner which were admitted in a consent decree to have been illegal, and, in my opinion, the rule laid down in Burroughs Building Material Co., v. Commissioner, 47 Fed. (2d) 178, should be applied.

Van Fossan and Sea well agree with this dissent.