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ROSENSPAN v. UNITED STATES

No. 295, Docket 35100.

438 F.2d 905 (1971)

Robert ROSENSPAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 18, 1971.

Attorney(s) appearing for the Case

James B. Lewis, New York City (Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, and Ira B. Shepard, New York City, of counsel), for plaintiff-appellant.

Richard Farber, Atty., Tax Division, Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks and Ann E. Belanger, Attys., Tax Division, Washington, D. C., Edward R. Neaher, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., of counsel), for defendant-appellee.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal is from the dismissal on the merits of an action for refund of income taxes, brought in the District Court for the Eastern District of New York, 316 F.Supp. 194. The taxes were paid as a result of the Commissioner's disallowance of deductions for unreimbursed expenses for meals and lodging, allegedly incurred "while away from home in the pursuit of...

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