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ROSSITER v. UNITED STATES

No. 13012.

282 F.2d 892 (1960)

Lyle H. ROSSITER, Marjorie E. Rossiter and Benjamin F. March, individually and as executor of the estate of Isabel March, deceased, and as surviving spouse, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 3, 1960.

Attorney(s) appearing for the Case

John B. Stephan, Chicago, Ill., for appellant.

Charles K. Rice, Asst. Atty. Gen., Charles B. E. Freeman, Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago, Ill., Howard A. Heffron, Acting Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Harvey M. Silets, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

In actions which were consolidated, plaintiffs sought recovery in the district court of income taxes claimed to have been erroneously collected for the years 1953, 1954 and 1955 for the reason that profits made by a law partnership consisting of Benjamin F. March and Lyle H. Rossiter, from the sale of vacant real estate, were taxed as ordinary income instead of long-term capital gains. The case was tried by the court without a jury and...

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