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FUGATE v. UNITED STATES

No. 24368.

386 F.2d 188 (1967)

Francis and Roberta FUGATE, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 22, 1967.

Attorney(s) appearing for the Case

Towner Leeper, El Paso, Tex., for appellants.

Ernest Morgan, U. S. Atty., San Antonio, Tex., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Anthony Z. Roisman, Robert I. Waxman, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before BROWN, Chief Judge, BELL and THORNBERRY, Circuit Judges.

PER CURIAM:

The District Court held that appellants were not entitled to a refund of income taxes. Fugate v. United States, W.D. Tex., 1966, 259 F.Supp. 398. The refund was claimed on the basis of the deduction of the expenses of an European trip taken by taxpayers as expenses incurred in obtaining education under Section 162 of the Internal Revenue Code of 1954 and the Treasury Regulations...

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