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Chimento v. Commissioner of Internal Revenue

decided: February 17, 1971.

CARMEN CHIMENTO AND SUSAN CHIMENTO, APPELLANTS,
v.
COMMISSIONER OF INTERNAL REVENUE



Seitz and Van Dusen, Circuit Judges, and Masterson, District Judge.

Author: Per Curiam

Opinion OF THE COURT

Taxpayers*fn1 appeal a decision of the Tax Court*fn2 sustaining a deficiency asserted against them for the year 1965.

On his joint Federal income tax return for 1965, taxpayer deducted the cost of his meals and lodgings while in Binghamton, New York, as travel expenses incurred while "away from home." Section 162(a)(2), Internal Revenue Code of 1954. These deductions were disallowed by the Commissioner, whose determination was upheld by the Tax Court. The bases for the Tax Court's decision were the following findings: (a) since the taxpayer had no "home" other than Binghamton during 1965, the expenses were not incurred while the taxpayer was "away from home"; and (b) by 1965 at least, Binghamton had become his "tax home" since his job there had become indefinite rather than temporary in nature.

After fully reviewing the record, we cannot say that the Tax Court's factual findings were "clearly erroneous," or that it erred in interpreting the applicable law. Accordingly, the decision of the Tax Court will be affirmed. Armed with guns were reported to be on roof and observed defendant, who was one of three men on roof, throw down a gun sustained conviction.

Affirmed.

Disposition

Affirme ...


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