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WRIGHT v. HARTSELL

No. 16885.

305 F.2d 221 (1962)

Calvin E. WRIGHT, District Director of Internal Revenue, Appellant, v. Richard V. HARTSELL, Marjorie Hartsell, Appellees.

United States Court of Appeals Ninth Circuit.

July 10, 1962.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Sylvan A. Jeppesen, U. S. Atty., Scott W. Reed, Asst. U. S. Atty., Meyer Rothwacks, and Kenneth E. Levin, Dept. of Justice, Tax Div., Washington, D. C., and Melvin Sears, Office of Regional Counsel, Internal Revenue Service, San Francisco, Cal., for appellant.

Johnson & Olson, L. Charles Johnson, and Callis A. Caldwell, Pocatello, Idaho, Martin F. O'Donoghue, and Donald J. Capuano, Washington, D. C., for appellees.

Before POPE, HAMLEY and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

This is another of those numerous cases involving the question whether a construction worker, in computing his income subject to tax, is entitled to deduct expenses incurred in traveling to and from work. The facts are undisputed. Richard V. Hartsell is a non-itinerant journeyman pipe-fitter and plumber. Beginning in 1950 he has continuously maintained his regular place of abode in Pocatello, Idaho. He is a member of the local union for his...

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