DEMMON v. UNITED STATES

No. 14091.

321 F.2d 203 (1963)

Roy C. DEMMON and Mary Scofield Demmon (husband and wife) and Mary Scofield Demmon, Trustee U 19-1-48, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

August 7, 1963.


Attorney(s) appearing for the Case

Douglas F. Schofield, of Davis, Schofield & Gorman, Cleveland, Ohio, Gerald G. Imse, of Chapman & Cutler, Chicago, Ill., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Richard J. Heiman, Atty., Dept. of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., Chicago, Ill., Lee A. Jackson, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before SCHNACKENBERG and KNOCH, Circuit Judges, and GRANT, District Judge.


GRANT, District Judge.

This is an appeal from a judgment of the District Court dismissing the taxpayers' suits for refund of income taxes for the years 1949 through 1955.

Schofield Land Trust owned and operated a Cleveland, Ohio, office building. The Land Trust Agreement required the Trustee to keep certain records and to distribute to the beneficiaries the annual income remaining, after setting aside, each year, reserves required for depreciation, mortgage...

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