Estate of Walsh v. Commissioner of Internal Revenue

1 Citing case

  1. Davis v. United States

    287 F.2d 168 (Fed. Cir. 1961)   Cited 13 times
    In Davis v. United States, 287 F.2d 168, 171, 152 Ct.Cl. 805, 811 (1961), this court held, on facts substantially identical to those here, that "* * fees paid by plaintiff for consultation and advice in tax matters arising in connection with the settlement agreement are properly deductible from gross income" under Sec. 212(3) and the above regulation.

    However, many courts have not followed the departure or have distinguished the case on factual grounds. Lewis v. Commissioner, 2 Cir., 1958, 253 F.2d 821; Tressler v. Commissioner, 9 Cir., 1955, 228 F.2d 356; Howard v. Commissioner, 9 Cir., 1953, 202 F.2d 28; Richardson v. Commissioner, 4 Cir., 1956, 234 F.2d 248; Smith's Estate v. Commissioner, 3 Cir., 1953, 208 F.2d 349; Donnelley v. Commissioner, 1951, 16 T.C. 1196; Estate of Walsh v. Commissioner, 1957, 28 T.C. 1274; Douglas v. Commissioner, 1959, 33 T.C. 349. Of course, the defendant contends the rule in the Lykes case as followed by the court in the case of Lewis v. Commissioner, supra, is correct.