BRANDEIS v. ALLEN

Nos. 2082, 2083.

22 F.2d 415 (1927)

BRANDEIS v. ALLEN, Collector. SAME v. UNITED STATES.

District Court, D. Nebraska, Omaha Division.

July 15, 1927.


Attorney(s) appearing for the Case

John L. Kennedy, of Omaha, Neb., for plaintiff.

James C. Kinsler, U. S. Atty., of Omaha, Neb.


WOODROUGH, District Judge.

The plaintiff accepted and is in receipt of an annuity given her by the will of her deceased husband, in lieu of the statutory rights in his property to which she was entitled as a widow. Upon protest she has paid an income tax on her annuity receipts from 1920 to 1924, inclusive, which she now sues to recover back. Her claim is that her annuity should be deemed to have been purchased by her relinquishment of her statutory rights as widow...

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