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ZACHARY v. UNITED STATES

No. 509-55.

142 F.Supp. 882 (1956)

Theodore ZACHARY v. The UNITED STATES.

United States Court of Claims.

July 12, 1956.

Attorney(s) appearing for the Case

Theodore Zachary, pro se.

William D. Kerr, Atlanta, Ga., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

JONES, Chief Judge.

Plaintiff seeks recovery of $5,449.35, with interest, which he alleges was an overpayment of income taxes for the fiscal year ending May 31, 1944.

Each party has moved for summary judgment.

During the fiscal year ending May 31, 1944, plaintiff received the sum of $66,725 in settlement of litigation in Michigan state courts. This he reported as income for that year, allocating the amount between the sales of shares of stock surrendered...

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