UNITED STATES v. KASYNSKI

No. 6343.

284 F.2d 143 (1960)

UNITED STATES of America, Appellant, v. Hazel B. KASYNSKI, formerly Hazel B. Ainsworth, Appellee.

United States Court of Appeals Tenth Circuit.

November 1, 1960.


Attorney(s) appearing for the Case

James P. Turner, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Howard A. Heffron, Attys., Dept. of Justice, Washington, D. C., Donald G. Brotzman, U. S. Atty., and Richard P. Matsch, Asst. U. S. Atty., Denver, Colo, were with him on the brief), for appellant.

James H. Turner, Denver, Colo., for appellee.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The question is whether payments made to appellee, Kasynski, herein referred to as taxpayer, by the company of which her husband was president prior to his death were excludable gifts under § 22(b)(3) of the Internal Revenue Code of 1939 and § 102(a) of the 1954 Code or gross income within the meaning of § 22 (a) of the 1939 Code and § 61(a) of the 1954 Code, 26 U.S.C.A. §§ 22(a), (b)(3), 61(a), 102(a). The...

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