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MOHOLY v. UNITED STATES

No. 33489.

132 F.Supp. 32 (1955)

Anne G. MOHOLY, as Administratrix of the Estate of Philip F. Moholy, deceased, and Anne Moholy, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

May 31, 1955.

Attorney(s) appearing for the Case

Clyde C. Sherwood, John V. Lewis, San Francisco, Cal., for plaintiffs.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for defendant.

EDWARD P. MURPHY, District Judge.

This is a tax refund suit. In a joint return for the taxable year 1949 plaintiffs included as income:

(a) Nine Hundred ($900.00) Dollars received by Philip Moholy as disability pay from the City and County of San Francisco. Moholy, a Captain in the City Fire Department, was thrown from a fire truck while answering an alarm. He was incapacitated for 68 days.

(b) Four Hundred Eighty-nine and 17/100 ($489.17) Dollars...

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