O'CONNOR v. SCOFIELD

Civ. A. 824.

143 F.Supp. 240 (1956)

Dennis M. O'CONNOR and Katherine O'Connor, Independent Executors of the Estate of Thomas O'Connor, Deceased, and Dennis M. O'Connor, Katherine O'Connor, Mary O'Connor Braman, joined herein by her husband, D. H. Braman, and Thomas O'Connor, Jr. v. Frank SCOFIELD, Former Collector of Internal Revenue.

United States District Court W. D. Texas, Austin Division.

March 28, 1956.


Attorney(s) appearing for the Case

J. P. Jackson of Robertson, Jackson, Payne, Lancaster & Walker, Dallas, Tex., for plaintiffs.

Andrew D. Sharpe, Charles Mehaffy, Dept. of Justice, Washington, D. C., Russell B. Wine, U. S. Atty., San Antonio, Tex., Lonny F. Zwiener, Asst. U. S. Atty., Austin, Tex., for defendant.


RICE, District Judge.

This case arises under the provisions of the Internal Revenue Code of 1939, 26 U.S.C.A. § 1 et seq. It involves income taxes together with interest paid by the Estate of Thomas O'Connor, Deceased, for the taxable year ended November 30, 1948.

The above-entitled action was tried without jury by the Court in San Antonio, Texas, on November 4, 1955.

The question involved in the case is as follows:

Were the plaintiffs...

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