UNITED STATES v. MATHEWS

No. 18802.

332 F.2d 91 (1964)

UNITED STATES of America, Appellant, v. Robert C. MATHEWS and Grace E. Mathews, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 19, 1964.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Michael K. Cavanaugh, and Timothy Dyk, Attys., Dept. of Justice, Washington, D. C., Sylvan A. Jeppesen, U. S. Atty., Boise, Idaho, for appellant.

Myron E. Anderson, Boise, Idaho, for appellees.

Before ORR, JERTBERG and BROWNING, Circuit Judges.


ORR, Circuit Judge:

The question presented on this appeal is whether appellee was "away from home" within the meaning of § 162(a) (2), Internal Revenue Code of 1954, while he was living with his family in a trailer house at his principal place of employment during the tax years 1957 and 1958. The trial court decided that he was, and allowed a deduction of traveling expenses. We reach an opposite conclusion.

The statutes involved read:

"§...

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