POE v. UNITED STATES

Civ. No. 6220.

194 F.Supp. 93 (1961)

Bettie L. POE, individually and as Administratrix of the Estate of Rollin Poe, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Colorado.

May 16, 1961.


Attorney(s) appearing for the Case

Stanley L. Drexler, Denver, Colo., for plaintiffs.

Burton A. Schwalb, Tax Div., Dept. of Justice, Washington, D. C., and Vernon Ketring, Asst. U. S. Atty., Denver, Colo., for defendant.


KERR, District Judge (assigned).

Plaintiffs seek to recover the sum of $3,173.04, plus interest, as a refund of income taxes for the calendar year 1953. They allege that the United States of America illegally and erroneously collected such sum and that they should be allowed a casualty loss deduction under Section 23(e) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 23(e). Whether or not there was an overpayment of income taxes in their 1953 return depends...

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