National Outdoor Advertising Bureau Inc. v. Helvering

Both the Commissioner of Internal Revenue and the taxpayer have appealed from an order of the Board of Tax Appeals altogether expunging the deficiency in the taxpayers income for the year 1929, and reducing it for 1930 to $1,196.41. There are three questions involved: (1) whether the taxpayer was exempt as a cooperative association within section 103 (12) of the Revenue Act of 1928 (26 U.S.C.A. § 103 note); (2), whether it should be allowed to deduct a depreciation charge for motor cars used by its salesman; (3), how far, if at all, it should be allowed under section 23 (a) of the same act (26 U.S.C.A. § 23 and note) to deduct as expenses of its business the cost of defending a suit in equity brought by the United States under the Anti-Trust laws (15 U.S.C.A. § 1 et seq.). The Board decided for the Commissioner on the first two questions, and for the taxpayer on the third; the defeated party in each case appealed.