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O'TOOLE v. COMMISSIONER OF INTERNAL REVENUE

No. 144, Docket 24221.

243 F.2d 302 (1957)

Luke E. O'TOOLE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided April 8, 1957.

Attorney(s) appearing for the Case

Luke E. O'Toole, pro se.

Charles K. Rice, Asst. Atty. Gen., Department of Justice, Washington, D. C. (Lee A. Jackson, I. Henry Kutz and Kenneth E. Levin, Attorneys, Department of Justice, Washington, D. C., of counsel, on the brief), for respondent.

Before HINCKS, STEWART and LUMBARD, Circuit Judges.

PER CURIAM.

During the years 1950 and 1951 the petitioner maintained a home at Laurelton in Queens County, New York for his wife and children. From April 1, 1950 until after the close of 1951, the petitioner was employed at the President Hotel in Long Beach, New York, about 15 miles from his Laurelton home. The petitioner's employer required him to reside at the hotel during the five or six days per week that he worked there. A room was furnished by the hotel for...

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