Oscar K. DIAMOND and Helen J. Diamond, Plaintiffs,
v.
Walter R. STURR, Collector of Internal Revenue, Defendant.
Charles BRUEN and Anna Bruen, Plaintiffs,
v.
Walter R. STURR, Collector of Internal Revenue, Defendant.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued December 16, 1954.
Decided March 28, 1955.
Attorney(s) appearing for the Case
John T. DeGraff and Mortimer M. Kassell, Albany, N. Y., Miriam Wernick, Brooklyn, N. Y., of counsel, for plaintiffs.
H. Brian Holland, Ellis Slack, Joseph F. Goetten, Washington, D. C., and Theodore F. Bowes, Syracuse, N. Y., for defendant.
Before SWAN, FRANK and HINCKS, Circuit Judges.
United States Court of Appeals Second Circuit.
During 1949 Oscar Diamond and Charles Bruen were employees of the State of New York. New York provided them with food and lodgings at the state institutions where they worked, and withheld federal income taxes on the value of the food and lodging so provided. Diamond and Bruen filed with the Commissioner of Internal Revenue timely claims for refunds on the ground that the food and lodging received by them were not compensation and...
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