WILBERT v. C.I.R.

No. 08-2169.

553 F.3d 544 (2009)

David A. WILBERT, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 21, 2009.


Attorney(s) appearing for the Case

David A. Wilbert, Elmhurst, IL, pro se.

John A. Nolet, Department of Justice, Tax Div., Appellate Section, Thomas J. Clark (argued), Department of Justice, Civil Div., Immigration Litigation, Washington, DC, for Respondent-Appellee.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

The question presented by this appeal is whether an employee who uses "bumping" rights to avoid or postpone losing his job can deduct the living expenses that he incurs when he finds himself working far from home as a result of exercising those rights. The Tax Court ruled against the taxpayer, T.C. Memo. 2007-152, 2007 WL 1713379, assessing a deficiency of $4,380 in his income tax payments for 2003, and he appeals. This is one of a number of...

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