PAULEY v. UNITED STATES

No. 26376.

459 F.2d 624 (1972)

Edwin W. PAULEY and Barbara Jean Pauley, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 21, 1972.


Attorney(s) appearing for the Case

Richard Perkins (argued), Joseph M. Howard, Elmer J. Kelsey, Johnnie M. Walters, Asst. Attys. Gen., Washington, D. C., Robert L. Meyer, U. S. Atty., Charles H. Magnuson, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellant.

Stanton H. Zarrow (argued), Bennett W. Priest, Maynard J. Toll, of O'Melveny & Myers, Los Angeles, Cal., for plaintiffs-appellees.

Before MERRILL, KILKENNY and TRASK, Circuit Judges.


MERRILL, Circuit Judge:

In this action taxpayer1 seeks a refund of federal income taxes for the calendar year 1962. He asserts that he was entitled to a charitable deduction of $1,250,000 in that year instead of the lesser sum of $547,527.52 allowed by the Commissioner. The District Court allowed taxpayer the full deduction of $1,250,000 and gave judgment in his favor for a refund in the sum of $711,556.26. 25 A.F.T.R.2d ¶70-532 ...

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