Appeals of American Central Fruit Auction Co.
Cases that cite this one
1 later published case cites this decision.
- American Cent. Fruit Auction Co. v. Commissioner (United States Board of Tax Appeals 1925)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
: One of the requirements of a personal service corporation is that its income shall be ascribable primarily to the activities of
The taxpayer claims the right to deduct from gross income for the years 1918 and 1919 amounts for salaries of officers in excess of the amounts ever paid or incurred. The statute permits the deduction of ordinary and necessary expenses paid or incurred during the taxable-year in carrying on any trade or business, “including a reasonable allowance for salaries or other compensation for personal services-actually rendered.” It is the contention of the taxpayer that salaries, of only $50 per year to its two principal officers is not reasonable-compensation for services actually rendered, and, therefore, that in computing net income the taxpayer should be entitled to the deduction of a larger amount for compensation of officers. Salaries or-other compensation of officers which are neither paid nor incurred are not ordinary and necessary expenses and are not legal deductions, from gross income under section 234 (a) (1) of the Revenue Act of 1918.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.