ESPENSHADE v. UNITED STATES

No. 117-64.

354 F.2d 332 (1965)

Paul S. and Irene B. ESPENSHADE v. The UNITED STATES.

United States Court of Claims.

December 17, 1965.


Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., for plaintiff. Geiger, Harmel & Schuchat, Washington, D. C., of counsel.

Michael I. Sanders, Dept. of Justice, Washington, D. C., with whom was Acting Asst. Atty. Gen., Richard M. Roberts, for defendant. C. Moxley Featherston, Lyle M. Turner, Philip R. Miller, and Richard J. Boyle, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.


COLLINS, Judge.

This is an action for the refund of Federal income taxes. Paul S. Espenshade, one of the joint petitioners, was retired from the United States Army in 1952. The basic issue in this suit is the extent to which retirement pay received by him is subject to taxation. (The singular term "plaintiff" will refer to Paul S. Espenshade.)

The facts, as indicated by the pleadings, can be summarized as follows: At the time of his retirement, plaintiff held...

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