FREEDMAN v. UNITED STATES

Civ. A. Nos. 32072-32075.

157 F.Supp. 613 (1958)

Max FREEDMAN and Eulalia Ruth Freedman, v. UNITED STATES of America. Eulalia Ruth FREEDMAN, Trustee, v. UNITED STATES of America (Three cases).

United States District Court N. D. Ohio, E. D.

January 9, 1958.


Attorney(s) appearing for the Case

Richard Katcher, Jerome N. Curtis, Cleveland, Ohio, for plaintiff.

Sumner Canary, U. S. Atty., Cleveland, Ohio, S. J. Gitelman, Dept. of Justice, Tax Division, Washington, D. C., for defendant.


WEICK, District Judge.

In these actions, the taxpayers seek to recover income taxes amounting to $50,617.47 which they paid on distributions received by them as shareholders of Cook Products Corporation in 1950.

The controversy here concerns the characteristics of the distributions, i. e., whether they had been paid by the corporation out of accumulated earnings or profits, as dividends, and, therefore, taxable...

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