Edman and Debbie Kay Hackworth - Page 11

                                       - 11 -                                         
          Commissioner, 343 U.S. 90 (1952); Commissioner v. Sullivan, 356             
          U.S. 27 (1958); Commissioner v. Tellier, 383 U.S. 687 (1966);               
          Grossman & Sons, Inc. v. Commissioner, 48 T.C. 15 (1967); and               
          Edwards v. Bromberg, 232 F.2d 107 (5th Cir. 1956).  As we discuss           
          below, petitioners’ reliance on these cases is misplaced.                   
          Consequently, petitioners’ contention is unpersuasive.                      
               In Lilly v. Commissioner, supra, opticians sought to deduct            
          payments that they made to eye doctors as ordinary and necessary            
          business expenses.  These payments were made pursuant to                    
          agreements that reflected an established and widespread practice            
          in that industry whereby the eye doctors agreed to recommend                
          their patients to certain opticians and the opticians agreed to             
          pay those referring eye doctors one-third of the retail sales               
          price that they received for the eyeglasses that they sold.  The            
          Court of Appeals for the Fourth Circuit held such payments                  
          nondeductible on the grounds that they were against public                  
          policy.  The Supreme Court reversed, however, holding that the              
          payments did not stand on the same basis as expenditures that               
          violated some Federal or State law or that were incidental to               
          such violations.  The Court drew a distinction between these                
          payments, which were at most professionally unethical, and                  
          outlawed expenditures, which, by virtue of their illegality,                
          frustrated some sharply defined Federal or State policy.                    








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011