SHERMAN v. COMMISSIONER

Docket No. 22498.

16 T.C. 332 (1951)

JOSEPH H. SHERMAN, JR., AND SOPHIE SHERMAN, HUSBAND AND WIFE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated February 15, 1951.


Attorney(s) appearing for the Case

Robert D. Price, Esq., and Francis X. Reilly, Jr., Esq., for the petitioners.

Leo C. Duersten, Esq., for the respondent.


The respondent determined a deficiency in income tax for the calendar year 1945 in the amount of $1,129.68, which was based in effect upon disallowance of one-half of the total deduction of $5,129.73 claimed on the return, in computing income from a business operated by petitioner Joseph H. Sherman, Jr., as "Traveling—(Worcester to New York 4 days each week)." The Commissioner's action was predicated upon the theory that, although petitioner and his family resided...

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