KRIST v. C. I. R.

No. 792, Docket 73-1058.

483 F.2d 1345 (1973)

Edwin F. KRIST and Marion R. Krist, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 21, 1973.


Attorney(s) appearing for the Case

William A. Friedlander, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Elmer J. Kelsey, Janet R. Spragens, Attys., Tax Div., Dept. of Justice, of counsel), for appellant.

John J. Barnosky, Mineola, N. Y., for appellees.

Before KAUFMAN, Chief Judge, and KILKENNY and OAKES, Circuit Judges.


OAKES, Circuit Judge:

This appeal from the Tax Court presents the single question whether a first grade teacher's sabbatical travel expenses abroad were deductible as "ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business," within the meaning of § 162(a) of the Internal Revenue Code of 1954. We hold that they were not.

Section 162(a)1 provides that a deduction shall be...

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