FRIEND v. UNITED STATES

Civ. A. No. 63-71.

226 F.Supp. 814 (1964)

Gerald M. FRIEND and Jeannette G. Friend v. The UNITED STATES of America.

United States District Court D. Massachusetts.

March 4, 1964.


Attorney(s) appearing for the Case

George E. Lodgen, and Nathan T. Wolk, Sherin & Lodgen, Boston, Mass., for plaintiffs.

Edward J. Snyder, Dept. of Justice, Washington, D. C., Murray H. Falk, Asst. U. S. Atty., W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., for the Government.


WYZANSKI, District Judge.

Plaintiffs sue to recover $7,846.58 (together with interest) they paid in federal income taxes for the year 1954. Two questions are presented: first, whether the payment of $19,693.35 to plaintiff Gerald M. Friend by Gerald M. Friend, Inc. for 45 shares of the common stock of that corporation was taxable as ordinary, as distinguished from capital gain, income; and second, whether the corporation's expenditures to effectuate that transaction...

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