CHAPMAN v. ANDERSON


11 F.Supp. 913 (1935)

CHAPMAN v. ANDERSON.

District Court, S. D. New York.

August 9, 1935.


Attorney(s) appearing for the Case

Mitchell, Taylor, Capron & Marsh, of New York City (Russell L. Bradford and George H. Craven, both of New York City, of counsel), for plaintiff.

Martin Conboy, U. S. Atty., of New York City (Ralph E. Stone, Asst. U. S. Atty., of New York City, of counsel), for defendant.


HULBERT, District Judge.

This is a suit under the Internal Revnue Law of 1926 for an alleged overpayment of income tax in the years 1925 and 1926.

The bill of complaint alleges, in substance, that the decedent, Eno, in the years involved, was the owner of 60 per cent. of the stock of the Fifth Avenue Building Company and was the income beneficiary of a trust involving an additional 15 per cent., and so entitled to 75 per cent. of any distribution on stock...

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