CASEY v. UNITED STATES

No. 34-70.

459 F.2d 495 (1972)

John T. CASEY and Margaret B. Casey, Husband and Wife, v. The UNITED STATES.

United States Court of Claims.

May 12, 1972.


Attorney(s) appearing for the Case

Eugene E. Feltz, Portland, Or., attorney of record, for plaintiffs.

Seth Stopek, Washington, D. C., with whom was Scott P. Crampton, Asst. Atty. Gen., for defendant. Phillip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.


OPINION

KASHIWA, Judge.

This is an action by taxpayers, husband and wife, who were members of a joint venture engaged in certain phases of the lumbering business, for a refund of federal income taxes paid for the calendar years 1960 and 1961. The sole question involved is whether the plaintiffs' proportionate shares of the amortized cost of access logging roads are (1) as plaintiffs contend, deductible as ordinary and necessary business expenses under &...

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