HALLE v. UNITED STATES

No. 9687.

346 F.2d 543 (1965)

Milton L. HALLE and Rachel N. Halle, his wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 31, 1965.


Attorney(s) appearing for the Case

Eugene H. Schreiber and Charles M. Cahn, Jr., Baltimore, Md. (Blades & Rosenfeld, Baltimore, Md. on brief), for appellants.

Marco S. Sonnenschein, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attys., Dept. of Justice, Thomas J. Kenney, U. S. Atty., and Robert W. Kernan, First Asst. U. S. Atty., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and HUTCHESON, District Judge.


BOREMAN, Circuit Judge.

Taxpayers,1 Milton L. and Rachel N. Halle, appeal from a judgment of the District Court denying them the claimed right to recover income taxes plus interest alleged to have been improperly assessed and collected.2

The facts were stipulated in the lower court. Prior to 1954 Halle had made charitable contributions to Damil Foundation, Incorporated (herein called the Foundation...

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