ZOBY v. UNITED STATES

No. 10322.

364 F.2d 216 (1966)

L. T. ZOBY, Sr., and Virginia M. Zoby, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 5, 1966.


Attorney(s) appearing for the Case

T. Howard Spainhour, Norfolk, Va., for appellants.

J. Edward Shillingburg, Attorney, Department of Justice (Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson and Joseph Kovner, Attorneys, Department of Justice, and C. V. Spratley, Jr., U. S. Atty., and James A. Oast, Jr., Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge:

Appellant L. T. Zoby, Sr.1 failed in his suit for refund of his 1960 Federal income taxes because of the District Court's adverse ruling upon the following question: whether as a contractor reporting on a cash receipts and disbursement basis, Zoby was entitled to deduct "as ordinary and necessary expenses"2 the amounts expended by his surety in fulfilling his obligations under...

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