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JONES v. UNITED STATES

Nos. 17432, 17433.

395 F.2d 938 (1968)

George M. JONES, Jr. and Eleanor M. Jones, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 29, 1968.

Attorney(s) appearing for the Case

G. C. Sharfy, Toledo, Ohio, John J. Kendrick, Toledo, Ohio, on brief; Shumaker, Loop & Kendrick, Toledo, Ohio, of counsel, for appellants.

Carolyn R. Just, Department of Justice, Washington, D. C., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attys., Department of Justice, Washington, D. C., on brief; Merle M. McCurdy, U. S. Atty., John G. Mattimoe, Asst. U. S. Atty., Cleveland, Ohio, of counsel, for appellee.

Before PECK, McCREE, and COMBS, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from judgments in favor of the government in two suits, consolidated for trial before the District Court sitting without a jury, involving the income tax consequences of taxpayer's donation of annuities to a charitable foundation.

In 1928, taxpayer Eleanor M. Jones1 purchased two single-premium ten year endowment policies, one from State Mutual Life Assurance Company for $41,520 and one...

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