Opinion

Upham v. Commissioner

  • 16 B.T.A. 950
  • 1929 BTA LEXIS 2484
Court
United States Board of Tax Appeals
Filed
Jun 7, 1929
Status
Published
Author
Smith
On the bench
Smith
Cited by
2 cases
Authority
More cited than 70.7%

unreimbursed expenses incurred by a physician in traveling to meetings of the American Institute of Homeopathy "constituted contributions to" that medical society

How later courts described this case

  • unreimbursed expenses incurred by a physician in traveling to meetings of the American Institute of Homeopathy "constituted contributions to" that medical society

Written by the judges who cited it.

The opinion

*951 OPINION.

Smith:

The petitioner claims the deduction of the traveling expenses paid in 1920 and 1921 either as ordinary and necessary expenses or as contributions to the corporations with which he was connected. It is alleged by the petitioner that the amounts of the traveling expenses did not in either year exceed 15 per cent of his taxable income. It is, therefore, unimportant to determine whether they were ordinary and necessary expenses of the petitioner’s business or whether they were contributions. So far as the year 1920 is concerned we think that they were legal deductions from gross income within the decisions of the Board in Marion D. Shutter, 2 B. T. A. 23; Alexander Silverman, 6 B. T. A. 1328; Cecil M. Jack, 13 B. T. A. 726; and J. Bentley Squier, 13 B. T. A. 1223. The petitioner was apparently entitled to reimbursement for traveling expenses of 1921. He did not, however, elect to claim reimbursement. The amounts constituted contributions to the American Institute of Homeopathy. The evidence shows that this was a corporation organized and operated exclusively for scientific or educational purposes and that no part of its net earnings inured to the benefit of any private stockholder or individual. The amounts paid, therefore, constitute a legal deduction from gross income under section 214(a) (11) of the Revenue Act of 1921.

Judgment 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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