Court of Appeals for the Second Circuit March 6, 1943, No. 138 (American Hotels Corp. v. Commissioner)

FRANK, Circuit Judge.

We assume, arguendo and without so deciding, that the taxpayer was liable to Metropolitan for the $25,000 which it paid to Metropolitan in 1938, and that, even if there was no liability, that amount was one of “the ordinary and necessary expenses * * * incurred” by the taxpayer within the meaning of 26 U.S.C.A. Int.Rev.Code § 23.