FRANK v. UNITED STATES

No. 75-2784.

577 F.2d 93 (1978)

Gerald W. FRANK, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 19, 1978.


Attorney(s) appearing for the Case

William S. Estabrook (argued), Dept. of Justice, Washington, D.C., for defendant-appellant.

William E. Hurley (argued), of Bernard, Hurley, Hodges & Kneeland, Portland, Or., for plaintiff-appellee.

Before BARNES and ELY, Circuit Judges, and VAN PELT, District Judge.


BARNES, Senior Circuit Judge:

This is an appeal by the United States Government from a district court decision holding that the taxpayer was entitled to a refund of taxes paid based upon the district court's finding that amounts expended by the taxpayer in the course of his duties as a public servant were deductible either as ordinary and necessary business expenses or as charitable contributions.

Gerald W. Frank, during 1968, 1969, 1970, and 1971, was employed...

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