HURD v. UNITED STATES

No. 43362.

22 F.Supp. 421 (1938)

HURD v. UNITED STATES.

Court of Claims.

March 7, 1938.


Attorney(s) appearing for the Case

Robert A. Littleton, of Washington, D. C., for plaintiff.

Guy Patten, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, WILLIAMS, and WHALEY, Judges.


GREEN, Judge.

The plaintiff and her former husband (the taxpayer), now deceased, were citizens of the state of Texas during the period under consideration.

Two questions are involved in this case. One is whether the income of the husband derived in 1928 from rents of property acquired by him after marriage by gift, devise, or descent was at that time his separate property and taxable to him alone. The other is whether the claim for refund made by plaintiff...

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