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WEARY v. UNITED STATES

No. 74-1079.

510 F.2d 435 (1975)

Robert K. WEARY and Dale J. Weary, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 20, 1975.

Attorney(s) appearing for the Case

Robert K. Weary, of Weary, Robertson, Schuley & Davis, Junction City, Kan., for appellants.

William M. Brown, Atty., Tax Div., Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Bennet N. Hollander, Attys., Tax Div., Dept. of Justice, Robert J. Roth, U. S. Atty., of counsel, with him on the brief), for appellee.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, Senior District Judge.

SETH, Circuit Judge.

This is an action seeking a refund of income taxes paid by plaintiffs for 1966 and 1967. The claim relates to deductions made for travel expenses for medical care which were disallowed. In 1966 the deduction claimed was at the rate of ten cents per mile for the distance driven in the family car for medical treatment. In 1967 a deduction was claimed at the rate of five cents per mile plus a pro rata part...

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