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Series

Business Organizations Law

2006

New York Law School

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Full-Text Articles in Law

Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck Jan 2006

Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck

Articles & Chapters

A deduction for treble damages paid for breach of the taxpayer's National Health Service Corps medical service obligation was erroneously denied under IRC 265(a)(1) in 'Stroud v. US', 906 F. Supp. 990 (1995). The provision does not apply because taxpayer's damages were not a cost of earning a tax-exempt scholarship which had been received many years earlier, but rather a deductible cost of buying out one employment obligation in order to earn taxable income in another. The history of IRC 265(a)(1) is analyzed and criticized. In 'Keane v. CIR', 75 TCM 2046 (1998), the ...