Legal Opinion

James O. Henderson v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided April 29, 1998No. 96-70164PublishedCited by 29 opinions

1Opinion of the Court

Opinion by Judge WIGGINS; Dissent by Judge KOZINSKI.

WIGGINS, Circuit Judge:

We must decide whether a taxpayer may claim Boise, Idaho as his “tax home” for the 1990 tax year even though virtually all of his work that year was for a traveling ice show. James Henderson claimed deductions under Internal Revenue Code § 162(a)(2) for living expenses incurred “away from home” while on the tours. The Commissioner disallowed the deductions, concluding that Henderson had no legal tax home for purposes of § 162(a)(2) because he lacked the requisite business reasons for living in Boise between ice show…

2Cases cited15 opinions

  1. Commissioner v. FlowersSupreme Court of the United States · 1946
  2. George Harvey James v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  3. Robert Rosenspan v. United StatesCourt of Appeals for the Second Circuit · 1971
  4. Lee E. Coombs and Judy B. Coombs v. Commissioner of Internal Revenue, James C. Cox v. United StatesCourt of Appeals for the Ninth Circuit · 1979
  5. Horton v. CommissionerUnited States Tax Court · 1986

10 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Johnson v. CommissionerUnited States Tax Court · 2000
  2. Robison v. Montana Department of RevenueMontana Supreme Court · 2012
  3. Robertson v. CommissionerCourt of Appeals for the Fifth Circuit · 1999
  4. Minick v. Comm'rUnited States Tax Court · 2010
  5. Wilbert v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 2009

24 more not listed; retrieve them via the Exa API.

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