TYNE v. C. I. R.

No. 16251.

385 F.2d 40 (1967)

John J. TYNE, Jr., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

November 7, 1967.


Attorney(s) appearing for the Case

Thomas J. Carley, Rockville Centre, N. Y., for petitioner.

Mitchell Rogovin, Asst. Atty. Gen., Meyer Rothwacks, Atty. Tax Div., U. S. Department of Justice, Washington, D. C., Lee A. Jackson, Howard M. Koff, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.


DUFFY, Senior Circuit Judge.

This is a petition by taxpayer to review a decision of the Tax Court. The question at issue is whether the taxpayer can deduct as an ordinary and necessary business expense, within the meaning of Section 162, Internal Revenue Code of 1954, the cost of transporting his trade tools in his automobile and truck to his place of employment. The taxpayer claims the deduction in the taxable years 1957, 1958 and 1960. It is undisputed that he transported...

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