C. I. R. v. BILDER

Nos. 13293, 13294.

289 F.2d 291 (1961)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Robert M. and Sally L. BILDER. Robert M. and Sally L. BILDER, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided April 7, 1961.


Attorney(s) appearing for the Case

Martin D. Cohen, Newark, N. J. (Cohen, Rosenbaum & Scher, Newark, N. J., of counsel, on the brief), for taxpayers.

Joseph Kovner, Washington, D. C. (Abbott M. Sellers and Howard A. Heffron, Acting Asst. Attys. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief), for Commissioner.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


KALODNER, Circuit Judge.

Are rental payments for an apartment during a winter's stay in Florida, incurred, as the Tax Court of the United States found, "as a medical necessity and as a primary part of necessary medical treatment of a disease from which petitioner [taxpayer] was and still is suffering", deductible as a "medical expense" under Section 213 of the Internal Revenue Code of 1954, 26 U.S.C. § 213?

That is the primary question presented by the...

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