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Morton Frank v. Commissioner | 20 T.C. 511 (1953)
Section One Sixty-Two of the tax code allows a deduction for ordinary and necessary business expenses incurred in carrying on any trade or business. The United States Tax Court considered what it means to carry on a business in the nineteen fifty-three case of Morton Frank versus Commissioner.
Before World War Two, Morton Frank worked for numerous prominent newspapers. During the war, Morton served in the navy. After his discharge, Morton and his wife, Agnes, decided to purchase and operate either a newspaper or a radio station.
At the end of November of nineteen forty-five, the Franks began a trip throughout the United States to examine potential newspapers and radio stations. Their search took them from Delaware to California. And, except for one extended stay in Phoenix, Arizona, the Franks didn’t call anywhere home. One year later, the Franks finally purchased an Ohio newspaper, the Canton Economist.
Throughout their travels, the Franks incurred significant travel, communication, and legal expenses. On their nineteen forty-six income tax return, the Franks deducted five thousand nine hundred sixty-five dollars as ordinary and necessary business expenses based on Section Twenty-Three of the tax code.
The commissioner of the Internal Revenue Service assessed a deficiency against the Franks. The Franks sought review in the United States Tax Court.
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