WEATHERFORD v. UNITED STATES

No. 24189.

418 F.2d 895 (1969)

Marion T. WEATHERFORD and Leona A. Weatherford, Plaintiff-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

November 6, 1969.


Attorney(s) appearing for the Case

Gilbert E. Andrews (argued), Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Lee A. Jackson, Jonathan S. Cohen, Edward Lee Rogers, Dept. of Justice, Washington, D. C., Jack Wong, Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Portland, Or., for appellant.

H. Myron Gleason (argued), of Pattullo, Gleason & Hinson, Portland, Or., for appellees.

Before BARNES, ELY, and HUFSTEDLER, Circuit Judges.


BARNES, Circuit Judge:

The sole question before us is whether a taxpayer may deduct his wife's traveling expenses incurred in a trip to the Orient with him as an ordinary and necessary business expense, the taxpayer being a wheat farmer.

The facts were agreed upon by the parties. The district court held the taxpayer could deduct his and his wife's expenses. The Government has not appealed from the allowance of his expenses, but asserts there is insufficient...

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