WILNER v. UNITED STATES


195 F.Supp. 786 (1961)

Ellis H. WILNER and Lucille Shachtman, Executors of the Estate of Isidore Wilner, deceased, and Martha Wilner, individually and as Executrix of the Estate of Isidore Wilner, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 5, 1961.


Attorney(s) appearing for the Case

Helfat & Helfat, New York City, J. Nathan Helfat, New York City, of counsel, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., New York City, Morton L. Ginsberg, Asst. U. S. Atty., New York City, of counsel, for defendant.


WEINFELD, District Judge.

These are cross-motions for summary judgment in an action to recover alleged income tax overpayments. The controversy revolves about the nature of payments made by a corporation to the widow of an employee. The facts are stipulated and are supplemented on this motion by affidavits of the widow and the directors of the corporation who voted in favor of the resolution pursuant to which the payments were made.

Isidore Wilner, the husband...

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