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DRESCHER v. UNITED STATES

Civ. A. No. 3021.

84 F.Supp. 228 (1949)

DRESCHER v. UNITED STATES.

United States District Court W. D. New York.

January 22, 1949.

Attorney(s) appearing for the Case

Nixon, Hargrave, Middleton & Devans, Rochester, N. Y., (T. Carl Nixon, Rochester, N. Y., Hugh Satterlee, New York City, Scott Stewart, Jr., Rochester, N. Y., of counsel), for plaintiff.

George L. Grobe, U. S. Atty., Buffalo, N. Y. (Theron LaMar Caudle, Asst. Atty. Gen., Andrew D. Sharpe and Arthur L. Jacobs, Sp. Assts. to Atty. Gen., of counsel), for defendant.

BURKE, District Judge.

Plaintiff who was 46 years old in 1939 is now and was during the tax years involved a vice-president of Bausch & Lomb Optical Company. In 1936, 1937, 1939 and 1940, the company purchased single premium retirement annuity contracts, payable when the annuitants reached the age of 65, in the names of five of its officers, including the plaintiff. Plaintiff did not include the annuity contracts as...

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