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RUBIN v. UNITED STATES

No. 13598.

304 F.2d 766 (1962)

Maxwell RUBIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 28, 1962.

Attorney(s) appearing for the Case

William P. Rosenthal, Leonard Schanfield, Chicago, Ill., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Giora Ben-Horin, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., Chicago, Ill., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before DUFFY, KILEY, and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

Taxpayer, Maxwell Rubin, brought this action in the District Court to recover an alleged overpayment of federal income taxes, plus interest, in the amount of $21,232.22, arising from a disallowance by the Commissioner of Internal Revenue of a deduction for interest1 claimed by taxpayer in 1953. The court found that the transaction in question did not in substance create...

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