SIX v. UNITED STATES

No. 66 Civ. 2336.

322 F.Supp. 547 (1971)

Robert F. SIX and Ethel Merman (formerly Ethel Merman Six), Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

February 8, 1971.


Attorney(s) appearing for the Case

Simon Presant, New York City, for plaintiff Ethel Merman.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., by Michael E. Saltzman and Milton Sherman, Asst. U. S. Attys., New York City, for defendant.


CANNELLA, District Judge.

This is an action for a refund of federal income taxes paid by the plaintiff Ethel Merman as a result of the disallowance by the Internal Revenue Service [hereinafter "IRS"] of certain hotel and transportation costs as a "traveling expense" within the meaning of 26 U.S.C. § 162(a) (2).

The facts in this case are virtually undisputed. Miss Merman is a well-known entertainer who was born, raised and educated in New York. She has...

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