SUGARMAN, District Judge.
Plaintiffs sue for the recovery of income taxes claimed to have been erroneously assessed and collected. The refunds claimed are $5,603.79, $12,808.02, $8,184.70 and $21,235.12, taxes paid on income earned in the years 1941, 1943, 1944 and 1945.
The issue here is whether certain moneys received by plaintiff Marie P. Campagna were ordinary income or capital gains. The income was paid on a bond secured by a purchase money second mortgage...
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