SAUNDERS v. COMMISSIONER

Docket No. 40229.

21 T.C. 630 (1954)

ROBERT H. SAUNDERS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated January 29, 1954.


Attorney(s) appearing for the Case

Sydney A. Gutkin, Esq., and David Beck, Esq., for the petitioner.

John J. Hopkins, Esq., for the respondent.

Theodore D. Parsons, Attorney General, State of New Jersey, amicus curiae.


The Commissioner determined a deficiency of $107 in petitioner's income tax for 1950. The deficiency is due to the addition to petitioner's net income as reported on his return of $665. This addition to petitioner's income is explained in the deficiency notice, as follows:

Line 2a increases income by $665.00 as amounts paid in lieu of subsistence is includible in gross income and does not constitute allowable deduction, and expenses incurred — not away from...

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