Rosenspan v. United States

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) (2) of the Internal Revenue Code of 1954, (“IRC”). That provision as in effect for 1962 reads in pertinent part:

“SEC. 162. TRADE OR…