HYMEL v. C.I.R.

No. 85-4537.

794 F.2d 939 (1986)

Roland J. HYMEL, Jr. and Mary Ann Hymel, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 4, 1986.


Attorney(s) appearing for the Case

Leon H. Rittenberg, Jr., Polack, Rosenberg, Rittenberg & Endom, New Orleans, La., for petitioners-appellants.

Kathryn E. Rooklidge, I.R.S., Richard Farber, Glenn L. Archer, Jr., Michael L. Paup, Chief, Appellate Sec., Asst. Attys. Gen., Tax Div., Dept. of Justice, Fred T. Goldberg, Jr., Chief Counsel, Robert T. Ruwe, I.R.S., Washington, D.C., for respondent-appellee.

Before THORNBERRY, POLITZ and RANDALL, Circuit Judges.


PER CURIAM:

Appellants Roland J. Hymel, Jr., and Mary Ann Hymel appeal a Tax Court decision upholding a notice of deficiency issued to them by the Internal Revenue Service for the tax years 1978 and 1979. The Tax Court held that membership dues that Roland Hymel paid to a Mardi Gras carnival club were not ordinary and necessary business expenses deductible under 26 U.S.C. § 162(a) (1982). Because we find that the Tax Court improperly disregarded a stipulation...

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