Opinion

Doak v. Commissioner

  • 24 T.C. 569
  • 1955 U.S. Tax Ct. LEXIS 146
Court
United States Tax Court
Filed
Jun 30, 1955
Status
Published
Author
Murdock
On the bench
Murdock
Cited by
3 cases
Authority
More cited than 67.6%

The opinion

OPINION.

MuRdock, Judge: The Court found it necessary in the case of George A. Papineau, 16 T. C. 130 , to consider and decide whether the cost of food and lodging furnished to an owner-manager of a hotel should be subtracted in computing income deductions of the hotel for ordinary and necessary expenses and depreciation. It was there held that meals and lodgings of an owner-operator of a hotel are ordinary and necessary expenses of the business where his presence in the hotel was not for his own personal convenience and benefit but was required in the operation of the hotel. It wTas there said in that connection that “it is in accordance with sections 22 and 23 of the Internal Revenue Code that the expenses of operation be computed without eliminating small portions of depreciation, cost of food, wages, and general expenses to represent the cost of his meals and lodging * * Board and lodging furnished the daughter as an employee were ordinary and necessary expenses of the business. The present case is decided for the petitioner upon authority of the Papineau case. There is no dispute about the amounts.

Decision will be entered under Rule 50.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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