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DAVIS v. UNITED STATES

No. 516-58.

287 F.2d 168 (1961)

Thomas Crawley DAVIS and Grace Ethel Davis v. UNITED STATES.

United States Court of Claims.

March 1, 1961.

Attorney(s) appearing for the Case

Converse Murdoch, Philadelphia, Pa., for plaintiffs.

Peter J. Donahue, Washington, D. C., with whom was Asst. Atty. Gen., Charles K. Rice, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.

LARAMORE, Judge.

Plaintiff1 sues to recover an alleged overpayment of taxes for the year 1955. The Commissioner of Internal Revenue proposed to assess a tax deficiency in the sum of $6,318.66 on the basis of disallowance of the deduction of $5,000 for legal fees, and on the basis of including in plaintiff's gross income a net long-term capital gain of $3,737.31, representing the difference between the tax basis to plaintiff of 500 shares...

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