ENGLAND v. UNITED STATES

No. 14727.

345 F.2d 414 (1965)

Kenneth D. ENGLAND and Connie J. England, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 29, 1965.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., I. Henry Kutz, Attorney, Tax Division, U. S. Department of Justice, Washington, D. C., Edward R. Phelps, U. S. Atty., Springfield, Ill., Meyer Rothwacks, Robert N. Anderson, Fred R. Becker, Attys., Department of Justice, Washington, D. C., Leon G. Scroggins, Asst. U. S. Atty., of counsel, for appellant.

George B. Gillespie, Louis F. Gillespie, Gillespie, Burke & Gillespie, Springfield, Ill., Hugh J. Dobbs, Stuart Dobbs, Springfield, Ill., Robert E. Gillespie, Chicago, Ill., of counsel, for appellees.

Before CASTLE, KILEY and SWYGERT, Circuit Judges.


KILEY, Circuit Judge.

This appeal by the Government from a judgment for a refund to plaintiffs1 of income tax poses the issue whether England, taxpayer, must include in his gross income for 1960 an amount which he was reimbursed by his employer for certain expenses incurred, prior to gaining possession of new permanent quarters, incidental to a transfer to a new post in the employer's interest; or alternatively, whether such amount, if...

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