MARYLAND JOCKEY CLUB OF BALTIMORE CITY v. UNITED STATES

Civ. No. 12979.

226 F.Supp. 608 (1964)

The MARYLAND JOCKEY CLUB OF BALTIMORE CITY, a Maryland corporation v. UNITED STATES of America.

United States District Court D. Maryland.

February 18, 1964.


Attorney(s) appearing for the Case

Jacob Kartman, Baltimore, Md., for plaintiff.

Thomas J. Kenney, U. S. Atty., and Robert W. Kernan, First Asst. U. S. Atty., Baltimore, Md., Mosche Schuldinger and John M. Hammerman, Attys. Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Rufus E. Stetson, Jr., and Bernard J. Schoenberg, Attys. Dept. of Justice, on the brief), for defendant.


THOMSEN, Chief Judge.

This is an action for the recovery of deficiencies in excess profits tax, assessed against and paid by taxpayer with respect to its fiscal years ending November 30, 1950, and November 30, 1953.1

The question presented is whether certain payments which taxpayer received from the "Racing Fund" during the fiscal years in question were "abnormal income", as that term is defined in sec. 456, I.R.C.1939, which was...

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