NEY v. UNITED STATES

No. 13770.

171 F.2d 449 (1948)

NEY v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

December 24, 1948.


Attorney(s) appearing for the Case

Leonard L. Scott, of Little Rock, Ark. (E. Chas. Eichenbaum, of Little Rock, on the brief), for appellant.

S. Walter Shine, Atty., Dept. of Justice, of Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., George A. Stinson, Ellis N. Slack and Lester L. Gibson, Sp. Assts. to the Atty. Gen., and R. S. Wilson, U. S. Atty., and Chas. A. Beasley, Jr., Asst. U. S. Atty., both of Fort Smith, Ark., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.


GARDNER, Chief Judge.

This was an action brought by appellant to recover $4823.40 as reasonable and necessary traveling expenses while he was away from home in pursuit of trade or business during the taxable years 1942, 1943 and 1944, it being alleged that he failed to deduct these amounts in his tax returns for said years. For convenience the appellant will be referred to as plaintiff.

On or about July 1, 1942, plaintiff accepted employment with the Office...

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