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UNITED STATES v. WEHRLI

No. 9723.

400 F.2d 686 (1968)

UNITED STATES of America, Appellant, v. W. J. WEHRLI and Helen B. Wehrli, Appellees.

United States Court of Appeals Tenth Circuit.

September 11, 1968.

Attorney(s) appearing for the Case

Benjamin M. Parker, Washington, D. C., (Mitchell Rogovin, Lee A. Jackson, and David O. Walter, Washington, D. C., with him on the brief), for appellant.

W. J. Wehrli, Casper, Wyo., (Houston G. Williams, Casper, Wyo., with him on the brief), for appellees.

Before MURRAH, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN, Circuit Judge.

MURRAH, Chief Judge.

In this suit for refund of federal income taxes, the trial judge submitted two alternate forms of verdict under which the jury was permitted to find that expenditures made by appellee Wehrli in the preparation of rental property for an incoming tenant were: (1) "for repairs * * * ordinary and necessary in the conduct of the taxpayers' business", deductible under Section 1621

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