HARTE v. UNITED STATES

No. 130, Docket 24774.

252 F.2d 259 (1958)

Doris B. HARTE and Stanley J. Harte, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 27, 1958.


Attorney(s) appearing for the Case

Harte & Natanson, New York City (George Natanson, New York City, of counsel), for plaintiffs-appellants.

Paul W. Williams, U. S. Atty., S. D. N. Y., New York City (Amos J. Peaslee, Jr., Asst. U. S. Atty., New York City, Elliot L. Hoffman, Asst. U. S. Atty., Forest Hills, N. Y., of counsel), for defendant-appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


WATERMAN, Circuit Judge.

The question for decision is whether payments received by the taxpayer under an agreement settling a will contest are taxable as income, or whether they are exempt as property acquired by inheritance. During the years 1946 through 1951 the payments in question were duly reported in the income tax returns of the taxpayers but were not included in the computation of taxable income.1 The Commissioner determined that...

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