HERZBERG v. UNITED STATES

No. TH 58-C-48.

176 F.Supp. 440 (1959)

Milton HERZBERG and Juliette Herzberg, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. Indiana, Indianapolis Division.

June 19, 1959.


Attorney(s) appearing for the Case

Gambill, Cox, Zwerner, Gambill, by Benjamin G. Cox and James E. Sullivan, Terre Haute, Ind., for plaintiffs.

Don A. Tabbert, U. S. Atty., and John C. Vandivier, Jr., Asst. U. S. Atty., Indianapolis, Ind., for defendant.


HOLDER, District Judge.

The plaintiffs' action seeks to recover $10,529.25, plus interest, as an alleged overpayment of their income taxes for the years 1952 through 1954.

The facts were found by the Court as follows:

Prior to the death of Dr. Norman Rosenfeld, a licensed M. D., he conducted a general practice of medicine at a rented office location on an oral month to month lease at 222 Elm Street, Clinton, Indiana. Included in his valuable established...

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