Hartung v. CIR, 71-1611.

Decision Date26 October 1973
Docket NumberNo. 71-1611.,71-1611.
Citation484 F.2d 953
PartiesJon F. and Constance M. HARTUNG, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

Fred B. Ugast, Acting Asst. Atty. Gen. (argued), Scott P. Crampton, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, K. Martin Worthy, IRS Chief Counsel, Meyer T. Rothwacks, Harry Baum, William K. Hogan, Tax Div., Dept. of Justice, Washington, D. C., for respondent-appellant.

Jon F. Hartung, in pro per.

Joseph H. Guttentag, of Surrey, Karasik & Morse, Washington, D. C., for amici curiae.

Before CHAMBERS and DUNIWAY, Circuit Judges, and SKOPIL,* District Judge.

OPINION

PER CURIAM:

The decision of the Tax Court is reversed for the reasons stated in the dissenting opinion of Judge Sterrett, Hartung v. Commissioner, 1970, 55 T.C. 1, 5.

* The Honorable Otto R. Skopil, United States District Judge for the District of Oregon, sitting by designation.

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12 cases
  • Butka v. Comm'r of Internal Revenue
    • United States
    • U.S. Tax Court
    • July 26, 1988
    ...had previously been reached in two earlier cases that were reversed on appeal. Hartung v. Commissioner, 55 T.C. 1 (1970), rev'd. 484 F.2d 953 (9th Cir. 1973); Markus v. Commissioner, T.C. Memo. 1971-313, rev'd. without published opinion 486 F.2d 1314 (D.C. Cir. 1973). 5 The pertinent langua......
  • Hintze v. I.R.S.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • July 13, 1989
    ... ... Voss v. Bergsgaard, 774 F.2d 402, 405 (10th Cir.1985). The Hintzes now allege that Agent Breault issued the summonses challenged here on the basis ... ...
  • Harris v. Commissioner of Revenue
    • United States
    • Minnesota Supreme Court
    • August 19, 1977
    ...for this position is that moving expenses are allocable to earnings generated at the foreign location. See, Hartung v. Commissioner, 484 F.2d 953 (9 Cir. 1973), reversing, 55 T.C. 1 (1970); Chommie, Federal Income Taxation, § 54.3 Historically, moving expenses to out-of-state locations were......
  • Cornman v. Comm'r of Internal Revenue
    • United States
    • U.S. Tax Court
    • March 18, 1975
    ...related to subsequently earned and excluded income that the expense must be disallowed under section 911(a). See Hartung v. Commissioner, 484 F.2d 953 (C.A. 9, 1973), reversing 55 T.C. 1 (1970). Petitioner urges that respondent's position overlooks the basic reason for the disallowance of d......
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