LEVY v. UNITED STATES

No. 46468.

67 F.Supp. 958 (1946)

LEVY et al. v. UNITED STATES.

Court of Claims.

October 7, 1946.


Attorney(s) appearing for the Case

Joseph B. Winokur, of Philadelphia, Pa., (Maurice J. Klein and Loewenstein & Winokur, all of Philadelphia, Pa., on the brief), for plaintiffs.

John A. Rees, of Washington, D. C., and Sewall Key, Acting Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES and MADDEN, Judges.


WHALEY, Chief Justice.

The plaintiffs are executors of the will of Leon Levy, who died August 29, 1942.

In his Federal income tax return for the calendar year 1941 Levy had excluded from his gross income a sum of $7,380, which he stated in his return had been received by him but was, as he asserted, nontaxable because representing "dividends upon shares of stock of Stern & Co., to be applied as portion of the sale price of said shares in accordance with...

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