SCHOELLKOPF v. UNITED STATES

No. 1723 A.

36 F.Supp. 617 (1941)

SCHOELLKOPF v. UNITED STATES.

District Court, W. D. New York.

January 17, 1941.


Attorney(s) appearing for the Case

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Courtnay C. Hamilton, Sp. Assts. to Atty. Gen., and George L. Grobe, U. S. Atty., of Buffalo, N.Y. (R. Norman Kirchgraber, Asst. U. S. Atty., of Buffalo, N.Y., of counsel), for defendant.


KNIGHT, District Judge.

This action is brought for the recovery of income tax and interest thereon allegedly illegally assessed and collected for the calendar year 1929. After payment of the tax, plaintiff filed a claim for refund which was disallowed by the Commissioner of Internal Revenue.

During the year 1929, the taxpayer transferred, without consideration, 500 shares of the capital stock of Drug, Inc., to the Old Colony Trust Co., of Boston, Mass., as...

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