EVANS v. DUDLEY

Civ. A. No. 16602.

188 F.Supp. 9 (1960)

T. M. EVANS and Josephine S. Evans, Plaintiffs, v. Alexander J. DUDLEY, individually and as Former District Director of Internal Revenue, Defendant, United States of America, Intervenor.

United States District Court W. D. Pennsylvania.

September 20, 1960.


Attorney(s) appearing for the Case

John A. McCann, Pittsburgh, Pa., and Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., for plaintiff.

Hubert I. Teitelbaum, U. S. Atty., Pittsburgh, Pa., for defendant.


GOURLEY, Chief Judge.

In this non-jury proceeding in which the taxpayer seeks the recovery of certain of his 1954 income taxes allegedly erroneously assessed and collected by the District Director, the United States has filed a counterclaim which poses the focal legal questions for this court's determination.

1. May the Commissioner of Internal Revenue disallow on audit a deduction for bond premium amortization as to bonds purchased in 1954 where express statutory...

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