McCULLOUGH v. UNITED STATES

No. 275-62.

344 F.2d 383 (1965)

John E. McCULLOUGH and Esther D. McCullough v. The UNITED STATES.

United States Court of Claims.

As Amended April 26, 1965.


Attorney(s) appearing for the Case

Robert T. Molloy, Washington, D. C., for plaintiffs. George E. Bailey, St. Louis, Mo., Grant W. Wiprud, and Dale W. Wickham, Washington, D. C., of counsel.

Philip R. Miller Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Lyle M. Turner, Washington, D. C., was on the brief.

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


COLLINS, Judge.

This is an action for the refund of Federal income tax. Plaintiffs were the owners of shares of common stock in the St. Louis-San Francisco Railway Company (hereinafter referred to as "Frisco"). During the years in question, 1957 and 1958, plaintiffs received from the Frisco distributions of $187.50 and $25, respectively. The distributions were treated in plaintiffs' (joint) Federal income tax returns as dividend income. The basis for this action is...

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