Kornhauser v. United States - 276 U.S. 145 (1928)
U.S. Supreme Court
Kornhauser v. United States, 276 U.S. 145 (1928)
Kornhauser v. United States
Submitted January 12, 1928
Decided February 20, 1928
276 U.S. 145
Claimant successfully defended an accounting suit brought by his former law partner respecting shares of stock which claimant had received for professional services, performed by him, as the partner alleged, during the existence of the partnership, or, as claimant maintained, after its termination. Held that, in computing claimant's net income under the Revenue Act of 1918, the attorney's fees paid by him in defense of the suit were deductible from gross income not as a loss under § 214(a)(4), but as an "ordinary and necessary expense" incurred in carrying on a business, under § 214(a)(1); that it was not within § 215, forbidding deduction of "personal, living, or family expenses." P. 276 U. S. 152.
62 Ct.Cls. 647 reversed.
Certiorari, 273 U.S. 692, to review a judgment of the Court of Claims denying a claim for an amount paid under an increased income tax assessment.