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CROSSWHITE v. UNITED STATES

No. 19-64.

369 F.2d 989 (1966)

Bert CROSSWHITE and Virginia Crosswhite v. The UNITED STATES.

United States Court of Claims.

December 16, 1966.

Attorney(s) appearing for the Case

Robert Briggs, Portland, Or., attorney of record, for plaintiffs.

Saylor L. Levitz, Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Lyle M. Turner and Philip R. Miller, Washington, D. C., of counsel.

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

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

COWEN, Chief Judge.

On the basis of stipulated facts, both parties have filed motions for summary judgment in this action to recover income taxes paid by plaintiffs. The taxpayers, husband and wife, urge that gains from the sale of various parcels of real estate should be accorded capital gains treatment. The defendant would have us hold that the facts bring the...

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