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VAN SCIVER v. ROTHENSIES

No. 937.

36 F.Supp. 577 (1941)

VAN SCIVER v. ROTHENSIES, Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

January 20, 1941.

Attorney(s) appearing for the Case

George Pownall Orr, Madison S. DuBois, and Orr, Hall & Williams, all of Philadelphia, Pa., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Paul F. Mickey, Sp. Assts. to the Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and J. Barton Rettew, Jr., and Thomas J. Curtin, Asst. U. S. Attys., all of Philadelphia, Pa., for defendant.

BARD, District Judge.

The plaintiff has instituted this action to recover $3,661.15, together with interest thereon from October 15, 1938, which amount was the tax on a profit of $12,979.07 realized on the sale of certain securities during the year 1935. The defendant included this amount in the plaintiff's taxable income for that year. It is the plaintiff's contention that this was unwarranted, that no profit accrued to him, because he held the securities in trust...

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