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PLANT v. WALSH

No. 2761.

43 F.2d 256 (1930)

PLANT et al. v. WALSH, Collector of Internal Revenue.

District Court, D. Connecticut.

April 30, 1930.

Attorney(s) appearing for the Case

Stewart & Shearer, of New York City, and Day, Berry & Reynolds, of Hartford, Conn. (George L. Shearer and Harry J. Campaign, both of New York City, of counsel), for plaintiffs.

John Buckley, U. S. Atty., and John A. Danaher, Asst. U. S. Atty., both of Hartford, Conn., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and F. W. Dewart, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for defendant.

BURROWS, District Judge.

This is an action brought by the executors of the will of Morton F. Plant, deceased, to recover part of income taxes paid by the decedent for the calendar year 1917. Trial was to the court, jury having been waived by written stipulation.

Mr. Plant, the plaintiffs' decedent, purchased land located at No. 2 East Fifty-Second street, New York City, in 1903, and erected a residence thereon at a total cost of $1,043,566.05. He occupied...

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