UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. Executors, in caring for securities and investments in order to conserve and protect the estate pending final distribution, are not carrying on business within the meaning of §§ 23(a), 161, and 162 of the Revenue Act of 1934, whatever the size of the estate or the number of those whose services are required in its conservation, and fees paid to an attorney for advice on legal and economic question arising in the course of administration of the estate are not deductible in computing their income tax under that Act. Pp. 313 U. S. 129, 313 U. S. 132.

Therefore, a finding of the Court of Claims that the executors continued to conserve the decedent's estate as he had when he was himself "a financier and investor" falls short of a finding that they were entitled to a deduction accorded by Congress only to those "carrying on . . . business."

2. This Court will not weigh the facts set out in subsidiary finding of the Court of Claims to supply an ultimate and determinative finding which that court failed to make, but which is necessary to support the judgment. P. 313 U. S. 130.

92 Ct.Cls. 44; 3 F.Supp. 81, reversed.

Certiorari, 312 U.S. 672, to review a judgment allowing a claim for a refund of money exacted, and paid under protest, as an income tax. clubjuris

Page 313 U. S. 128