CROSS v. UNITED STATES

No. 466, Docket 28763.

336 F.2d 431 (1964)

Ephraim CROSS and Mary Cross, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 7, 1964.


Attorney(s) appearing for the Case

Clarence M. Dunnaville, Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Arthur S. Olick, New York City, of counsel), for the United States.

Stanley Faulkner, New York City, for plaintiffs-appellees.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.


MOORE, Circuit Judge:

In this income tax refund suit, plaintiffs-appellees claim that they were entitled to a deduction of $1,300 on their joint return for the year 1954 because of expenses incurred by Professor Ephraim Cross in connection with his summer travel to various Mediterranean and European countries. Upon appellees' motion for summary judgment, the district court, whose examination of the facts included the affidavits of several professors tending to indicate...

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