- 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