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CLEARY v. UNITED STATES

Civ. A. No. 62-004.

232 F.Supp. 828 (1964)

R. J. CLEARY and Allene C. Cleary, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Pennsylvania.

August 26, 1964.

Attorney(s) appearing for the Case

Zeno Fritz, Pittsburgh, Pa., for plaintiffs.

David G. Hill, Asst. U. S. Atty., Gustave Diamond, U. S. Atty., and Edward J. Snyder, Atty., Dept. of Justice, Washington, D. C., for United States.

DUMBAULD, District Judge.

This is a suit to recover income tax collected for the year 1952. The wife-plaintiff is impleaded only as co-signer of a joint return. The husband-plaintiff, R. J. Cleary, a Pittsburgh attorney, conducted the transactions which the Government claims resulted in taxable income. This Court has jurisdiction under 28 U.S.C. § 1346(a) (1). Jury trial has been waived. This opinion shall be deemed to embody the Court's findings of fact and...

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