# Primuth v. Commissioner

> United States Tax Court · March 2, 1970 · 54 T.C. 374

URL: https://www.frixlaw.com/law-library/cases/4481542

## Case

- **Full name:** David J. Primuth and Carol J. Primuth v. Commissioner of Internal Revenue
- **Court:** United States Tax Court
- **Decided:** March 2, 1970
- **Citations:** 54 T.C. 374; 1970 U.S. Tax Ct. LEXIS 199
- **Precedential status:** Published
- **Opinion:** Concurrence by Featherston
- **Judges:** Sterrett,Tannenwald,Forrester,Fay,Dawson,Simpson,Tannenwald,Featherston,Fay,Irwin,Tietjens,Drennen,Withey,Atkins,Hoyt
- **Cited by:** 345 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4481542

## Opinion text

FeatherstoN, /., concurring: I agree with, the conclusion reached by the majority, but I would decide the case on a narrower ground.
Exercising the authority conferred by section 7805(a) to prescribe “all needful rules .and regulations,” the Commissioner issued Rev. Rul. 60-228, 1960- 1 C.B. 57 , stating that “The Internal Revenue Service will continue to allow deductions for fees paid to employment agencies for securing employment.” The Court has found that petitioner paid the fee to Chusid for securing employment for him. In these circumstances, petitioner is entitled to the benefit of the ruling. I find nothing in the history of the Commissioner’s administrative handling of this problem to show that Rev. Rui. 60-228 was intended to be limited to contingent fee situations.
Fat and IrwiN, //., agree with this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4481542. Public record. Not legal advice.