Legal Opinion

John J. Tyne, Jr. v. Commissioner of Internal Revenue

Court of Appeals for the Seventh Circuit

Decided November 7, 1967No. 16251PublishedCited by 27 opinions

1Opinion of the Court

DUFFY, Senior Circuit Judge.

This is a petition by taxpayer to review a decision of the Tax Court. The question at issue is whether the taxpayer can deduct as an ordinary and necessary business expense, within the meaning of Section 162, Internal Revenue Code of 1954, the cost of transporting his trade tools in his automobile and truck to his place of employment. The taxpayer claims the deduction in the taxable years 1957, 1958 and 1960. It is undisputed that he transported approximately 200 pounds of tools which were essential in fulfilling his job requirements.

During 1957, 1958 and 1960,…

2Cases cited5 opinions

  1. Commissioner v. FlowersSupreme Court of the United States · 1946
  2. Charles Crowther and Ivy L. Crowther v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
  3. Lawrence D. Sullivan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1966
  4. Sullivan v. CommissionerUnited States Tax Court · 1965
  5. Eaton v. CommissionerUnited States Tax Court · 1958

3Cited by27 opinions

  1. Fausner v. CommissionerSupreme Court of the United States · 1973
  2. Gilberg v. CommissionerUnited States Tax Court · 1971
  3. Donald W. Fausner and Anita C. Fausner v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1973
  4. Hitt v. CommissionerUnited States Tax Court · 1971
  5. John J. Tyne, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1969

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