CLAUNCH v. C. I. R.

No. 17436.

264 F.2d 309 (1959)

Kermit L. CLAUNCH and Willodean Claunch, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

March 10, 1959.


Attorney(s) appearing for the Case

Walter L. Mims, Birmingham, Ala., Frank Bainbridge, Frank M. Bainbridge, Bainbridge & Mims, Birmingham, Ala., of counsel, for petitioner.

Kenneth E. Levin, Lee A. Jackson, Dept. of Justice, Washington, D. C., Arch M. Cantrall, Chief Counsel, Charles P. Dugan, Special Atty., Int. Rev. Serv., Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.


HUTCHESON, Chief Judge.

This appeal from a decision of the Tax Court, 29 T.C. 1047, brings up again a question many times presented to and answered by this and other courts. This question is whether a worker, who maintains a home as a family residence at one place while engaging in his trade or occupation at another place or places, is entitled to deduct from his gross income the expenses he incurs for travel to, and lodging and meals...

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