BRILEY v. UNITED STATES

No. 14529.

298 F.2d 161 (1962)

John M. BRILEY and Dorothy D. Briley, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 30, 1962.


Attorney(s) appearing for the Case

John B. Spitzer, Marshall, Melhorn, Block & Belt, Toledo, Ohio, for plaintiffs-appellants.

John A. Bailey, Tax Division, Dept. of Justice, Washington, D. C., Russell E. Ake, U. S. Atty., Cleveland, Ohio (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Chief, Appellate Sec., Robert N. Anderson and John A. Bailey, Attys., Tax Division, Dept. of Justice, Washington, D. C., on the brief), for defendant-appellee.

Before MARTIN, SIMONS and WEICK, Circuit Judges.


WEICK, Circuit Judge.

The action in the District Court was for the recovery of income taxes alleged to have been illegally assessed and collected.

In 1944, taxpayers acquired an interest in a cooperative housing apartment located in New York City. The interest was evidenced by a 99-year lease on the apartment rented to them and 700 shares of common stock in the corporation owning the building. The corporation had originally set aside 1,000 shares of stock...

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