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BEERMAN v. UNITED STATES

No. 17516.

390 F.2d 638 (1968)

Arthur BEERMAN and Jessie Beerman, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

February 9, 1968.

Attorney(s) appearing for the Case

Elmer J. Kelsey, Atty., Dept. of Justice, Washington, D. C., for appellant; Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harold C. Wilkenfeld, Anthony Zell Roisman, Attys., Dept. of Justice, Washington, D.C., on brief; Robert M. Draper, U. S. Atty., Roger J. Makley, Asst. U. S. Atty., Dayton, Ohio, of counsel.

Jerome Goldman, Cincinnati, Ohio, for appellee; Goldman, Cole & Putnick, Paul Tobias, Cincinnati, Ohio, on brief.

Before PHILLIPS, CELEBREZZE, and McCREE, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal by the government from a judgment of the District Court, sitting without a jury, granting taxpayer1 a refund on the ground that his deduction of certain legal fees from his 1957 gross income, which had been disallowed by the Commissioner, was allowable under § 212(2) of the Internal Revenue Code of 1954.2

The facts...

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