FRANK v. UNITED STATES

Nos. 1288, 1289.

44 F.Supp. 729 (1942)

FRANK v. UNITED STATES (two cases).

District Court, E. D. Pennsylvania.

May 6, 1942.


Attorney(s) appearing for the Case

Wolf, Block, Schorr & Solis-Cohen, of Philadelphia, Pa. (Nathan Silberstein, of Philadelphia, Pa., of counsel), for plaintiffs.

Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa. (Thomas J. Curtin, Asst. U. S. Atty., of Philadelphia, Pa., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Leon F. Cooper, Sp. Assts. to Atty. Gen., of counsel), for the United States.


KALODNER, District Judge.

These are actions (consolidated) for the recovery by plaintiffs (brothers) of alleged overpayment of income taxes for the years 1937 and 1938.

A jury trial was waived, and the case was heard before the court on the pleadings and stipulation of facts without additional testimony.

The plaintiffs, while solvent, purchased at less than face value their own obligations in connection with a real estate transaction under the circumstances...

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