C. I. R. v. MATTHEW

No. 20796.

335 F.2d 231 (1964)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Lyon Tyler MATTHEW et al., Respondents.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 19, 1964.


Attorney(s) appearing for the Case

Crane C. Hauser, Chief Counsel, Charles S. Casazza, Atty., I. R. S., Louis F. Oberdorfer, Asst. Atty. Gen., John B. Jones, Jr., Acting Asst. Atty. Gen., Meyer Rothwacks, Lee A. Jackson, David O. Walter, Benjamin M. Parker, William A. Geoghagan, Attys., Dept. of Justice, Washington, D. C., for petitioner.

Lucius A. Buck, Horace R. Drew, Jr., Theodore W. Glocker, Jr., Jacksonville, Fla., for respondents.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and BREWSTER, District Judge.


JOHN N. BROWN, Circuit Judge.

The question in this case is whether each of the three Taxpayers was a "bona fide resident of a foreign country or countries," 26 U.S.C.A. § 911(a) (1), during the pertinent tax years running from 1956 through 1958. The Tax Court held that each was. 38 T.C. 417. We disagree and reverse.

Taxpayers1 during the years concerned were employees of Pan Am

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