Lustman v. Commissioner (322 F.2d 253, 1963)

SHAW, District Judge.

Petitioner, Jack Lustman, appearing pro se, and hereinafter referred to as “the taxpayer,” seeks review of a decision of the Tax Court of the United States (Docket 61630) entered August 29, 1960, whereby it was determined as to the taxpayer and his wife, Ida Lustman, on joint returns filed by them for the years 1949 and 1950 that there were deficiencies in the tax liability reported for those years in the respective amounts of $14,728.78 and $1,809.92.

During the years in question, the taxpayer was the sole proprietor of a hosiery manufacturing business in Myerstown, Pennsylvania, conducted by him under the name of Myerstown Hosiery Mills. He was also employed by the L. B. Hosiery Company, Inc., and was an officer of FAD Hosiery Mills. The income out of which tax liability arose was derived from the business conducted by him under the name of Myerstown Hosiery Mills, reported on an accrual basis, and his employment with L. B. Hosiery Company, Inc.

Certain deductions from gross income claimed for the years 1949 and 1950 a