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Rosenspan v. United States

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Income Tax Keyed to Freeland

Citation. Rosenspan v. United States, 438 F.2d 905, 1971 U.S. App. LEXIS 11774, 71-1 U.S. Tax Cas. (CCH) P9241, 27 A.F.T.R.2d (RIA) 707 (2d Cir. N.Y. Feb. 18, 1971)

Brief Fact Summary. Plaintiff was a traveling jewelry salesman. He traveled up to 300 days a year and did not have a permanent residence. He stayed in hotels, motels and inns and occasionally with family.

Synopsis of Rule of Law. Traveling expenses while away from home may be deducted when they are ordinary and necessary expenses in carrying on a trade or business.

Facts. Plaintiff, Robert Rosenspan, was a jewelry salesman who worked on commission. He paid his own traveling expenses without reimbursement. He traveled up to 300 days a year. The Commissioner of Internal Revenue did not allow deductions for meals and lodging while in his sales territory because he had not “home” to be away from while traveling. He would usually stay in motels and inns and occasionally with his brother. Plaintiff claimed that his home was his business headquarters where he would occasionally return to conduct business activities related to his job as a salesman.

Issue. Should the traveling expenses be allowed as a deduction?

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