SIMMONS v. UNITED STATES

Civ. No. 12484.

197 F.Supp. 673 (1961)

William SIMMONS and Viola Simmons, his wife, v. UNITED STATES of America.

United States District Court D. Maryland.

September 19, 1961.


Attorney(s) appearing for the Case

Sheldon H. Braiterman, Braiterman & Braiterman, Baltimore, Md., for plaintiffs.

Joseph D. Tydings, U. S. Atty., and John R. Hargrove, Asst. U. S. Atty., Baltimore, Md., Louis F. Oberdorfer, Asst. Atty. Gen., and Lyle M. Turner, George Willi and Earl L. Huntington, Attys., Dept. of Justice, Washington, D. C., for defendant.


THOMSEN, Chief Judge.

The question presented by this case is whether the $25,000 received by William Simmons (taxpayer) from American Brewery, Inc., as the "prize" for catching Diamond Jim III, a rock fish placed in the Chesapeake Bay in connection with the Third Annual American Beer Fishing Derby, constitutes taxable income under sec. 74, I.R.C.1954, 26 U.S.C.A. § 74. That section provides:

"Prizes and awards. "(a) General Rule....

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