Opinion

Daniel S. W. Kelly and Constance L. Kelly v. Commissioner of Internal Revenue

  • 440 F.2d 307
  • 27 A.F.T.R.2d (RIA) 912
  • 1971 U.S. App. LEXIS 11295
Court
Court of Appeals for the Seventh Circuit
Filed
Mar 18, 1971
Status
Published
Author
Fairchild
On the bench
Fairchild, Stevens, Grant
Cited by
9 cases

The opinion

FAIRCHILD, Circuit Judge

(dissenting).

I respectfully dissent. Congress has surely denied deduction for some expenses of meals and lodging away from home even though incurred as an incident of obtaining medical care as defined in 26 U.S.C. § 213 (e) (1) (A). The regulation, § 1.213-1 (e) (1) (v) draws the line by including as deductible those which are included in the cost of care in a hospital or other institution regularly furnishing related types of care or services. The hotel in the case before us provided no care, but ordinary hotel service, and the amount paid to it for meals and lodging does not seem to me to qualify under the regulation. The regulation, does not, in my opinion, exceed the appropriate bounds of administrative interpretation of the statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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