TYNE v. C. I. R.

Nos. 71-1662, 71-1663.

468 F.2d 913 (1972)

John J. TYNE, Jr., Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 1972.

Rehearing Denied November 1, 1972.


Attorney(s) appearing for the Case

Thomas J. Carley, Rockville Centre, N. Y., for appellant.

Fred B. Ugast, Tax Div., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Jane M. Edmisten, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before CASTLE, Senior Circuit Judge, and KILEY and SPRECHER, Circuit Judges.


PER CURIAM.

This case, involving the question of whether the taxpayer could deduct in the years 1957, 1958 and 1960 as an ordinary and necessary business expense under Section 162 of the Internal Revenue Code of 1954, the cost of transporting his trade tools in his automobile to his place of employment, is on appeal to this court for the third time.

Originally the Tax Court allowed 20% of the claimed expenses as being attributable to on-the-job requirements...

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