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PEDONE v. UNITED STATES

Nos. 39-55, 40-55.

151 F.Supp. 288 (1957)

Rose PEDONE, Executrix of the Estate of Sam Pedone, and Rose Pedone v. The UNITED STATES. Charles PEDONE and Marian Pedone v. The UNITED STATES.

United States Court of Claims.

May 8, 1957.

Attorney(s) appearing for the Case

Richard Katcher, Cleveland, Ohio, for plaintiffs. Jerome N. Curtis and Herbert B. Levine, Cleveland, Ohio, were on the briefs.

Walter B. Langley, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Allen A. Bowden, Washington, D. C., were on the brief.

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

MADDEN, Judge.

These actions are for the recovery of income taxes alleged to have been improperly assessed for the year 1952 against plaintiffs Sam and Rose Pedone, jointly as husband and wife, and against plaintiffs Charles and Marian Pedone, jointly as husband and wife, in the amounts of $2,756.64 and $2,797.64, respectively, plus interest. Since the actions were instituted, plaintiff Sam Pedone has died and his wife, Rose

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