KUGEL v. RYAN

No. 197, Docket 26148.

289 F.2d 329 (1961)

John H. KUGEL and Adelaide Kugel, Plaintiffs-Appellants, v. Raymond F. RYAN, formerly Acting Collector of Internal Revenue for the Second Collection District of New York (now known as Lower Manhattan Office), and Denis J. McMahon, formerly Collector of Internal Revenue for the Second Collection District of New York, now District Director of Internal Revenue of said District (now known as Lower Manhattan Office), Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 13, 1961.


Attorney(s) appearing for the Case

Martin A. Roeder, New York City (Guggenheimer & Untermyer, and Martin S. House, New York City, on the brief), for plaintiffs-appellants.

Renee J. Roberts, Asst. U. S. Atty., Southern Dist. of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Joseph M. Field, Asst. U. S. Atty., S.D.N.Y., New York City, on the brief), for defendants-appellees.

Before CLARK, HINCKS and SMITH, Circuit Judges.


HINCKS, Circuit Judge.

For purposes of this appeal from the district court's order granting the government's motion for summary judgment, the facts may be stated as follows. Taxpayers were in partnership with one Sparks in a firm which dealt in government bonds. Although Sparks was to receive thirty per cent of the profits and sustain thirty per cent of the losses, all of the firm's capital was contributed by taxpayers. In 1946, the market declined and the firm sustained...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases