ROSENSPAN v. UNITED STATES

No. 69-C-174.

316 F.Supp. 194 (1970)

Robert ROSENSPAN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

March 25, 1970.


Attorney(s) appearing for the Case

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for plaintiff; James B. Lewis, New York City, of counsel.

Edward R. Neaher, U. S. Atty., E. D. New York, for defendant; Johnnie M. Walters, Asst. Atty. Gen., of counsel.


ROSLING, District Judge.

Plaintiff, Rosenspan, a traveling salesman, seeks refund of federal income tax and accrued interest allegedly overpaid by him for the years 1962 and 1964. For 1962 the excess was $1,209.86, and for 1964, $795.81. These sums were deducted by him on his returns as expenditures for food and lodging while in the sales territory assigned to him by his employers. He was then, so he contends, "away from home" within the meaning of Section 162(a)...

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