FREEDMAN v. UNITED STATES

Nos. 13595-13598.

266 F.2d 291 (1959)

Max FREEDMAN and Eulalia Ruth Freedman, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Eulalia Ruth FREEDMAN, Trustee, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee (three cases).

United States Court of Appeals Sixth Circuit.

April 21, 1959.


Attorney(s) appearing for the Case

Richard Katcher, Cleveland, Ohio; Jerome N. Curtis of Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, on the brief, for appellants.

David O. Walter, Washington, D. C.; Charles K. Rice, Lee A. Jackson, Melva M. Graney, Washington, D. C., Sumner Canary, Cleveland, Ohio, on the brief, for appellee.

Before McALLISTER and MILLER, Circuit Judges, and SHELBOURNE, District Judge.


McALLISTER, Circuit Judge.

The appellant taxpayers paid income taxes on distributions of cash which they received as stockholders in the Cook Products Corporation. They sought to recover the money they had paid for such income taxes in an action in the district court, in which they contended that the distributions to them from the corporation were not taxable, or, in the alternative, if taxable at all, were taxable only as capital gains. The government claimed they...

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