DALY v. C. I. R.

No. 79-1523.

631 F.2d 351 (1980)

Lee E. DALY and Rosemarie H. Daly, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1980.


Attorney(s) appearing for the Case

Charles W. Schoeneman, Washington, D.C., for appellants.

James F. Miller, Tax Division, Dept. of Justice, Washington, D.C. (M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Grant W. Wiprud, Tax Division, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before FIELD, Senior Circuit Judge, HALL and SPROUSE, Circuit Judges.


K. K. HALL, Circuit Judge:

Lee and Rosemarie Daly appeal from a Tax Court decision which disallowed the deduction of certain meal, lodging and travel expenses incurred by Lee Daly during 1975. The Tax Court found that Daly, a salesman, resided and maintained his office in his home in McLean, Virginia, but concentrated the greater share of his income producing activities in the Philadelphia, Pennsylvania area. The court concluded that Philadelphia was Daly's principal...

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