BOWERS V. LUMPKIN 140 F.2d 927, cert. denied, 322 U.S. 755 (4th Cir. 1944) CASE BRIEF

BOWERS V. LUMPKIN
140 F.2d 927, cert. denied, 322 U.S. 755 (4th Cir. 1944)
NATURE OF THE CASE: This was a dispute over the deduction of legal fees to determine title to stock.
FACTS: Lumpkin (P) had a life interest under a trust created by a will of her former husband to 1/2 of the stock of a corporation that had the rights to distribute cola syrup in South Carolina. P purchased the remaining stock of the corporation for $225,885 from the trustees to whom it had been bequeathed to establish an orphanage. The Attorney General of South Carolina instituted an action to invalidate the sale and to require P to account for the profits. P defended the suit at a cost in excess of $27,000. P then deducted these expenses from the tax years in question and they were denied by the IRS. P contends that these expenses, under 121(a), were deductible as ordinary and necessary expenses for carrying on a trade or business and were allowable as deductions from gross income. Under the expanded rules P claimed that the property was held for production of income and the money was spent in connection with that production.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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