Opinion · Court of Appeals for the Fifth Circuit
Commissioner of Internal Revenue v. Coke
Comm’r of Internal Revenue v. Coke, 201 F.2d 742 (5th Cir. 1953)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1953-02-06
- Topic
- litigation
How later courts describe this case
- origin of suit was an attempt to recover community property fraudulently concealed in a divorce action
Citator
UpLaw has not yet analyzed Commissioner of Internal Revenue v. Coke. The absence of a flag is not a finding that it is good law.
- Cited by
- 28 opinions
COMMISSIONER OF INTERNAL REVENUE v. COKE,201 F.2d 742(5th Cir. 1953)
COMMISSIONER OF INTERNAL REVENUE v. COKE.
No. 14064.
United States Court of Appeals, Fifth Circuit.
February 6, 1953.
John N. Jackson, Dallas, Tex., for respondent.
Before HUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.
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 Section23(a)(2), I.R.C.,26U.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.Page 743Page 746