GARIBALDI & CUNEO v. COMMISSIONER

Docket No. 10235.

9 T.C. 446 (1947)

GARIBALDI & CUNEO, A CORPORATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated September 25, 1947.


Attorney(s) appearing for the Case

Herman A. Fischer, Esq., for the petitioner.

David F. Long, Esq., for the respondent.


The Commissioner determined a deficiency of $2,107.74 in income tax and one of $620.94 in declared value excess profits tax for the fiscal year ended January 31, 1945. The only issue for decision presented by the pleadings is whether the Commissioner erred in disallowing a deduction of $7,280.71 claimed as an ordinary and necessary expense under section 23 (a) (1) (A) of the Internal Revenue Code, representing an amount paid in settlement of a suit for violation of OPA regulations...

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