OPINION
JUDD, District Judge.
In an action for recovery of personal income taxes paid for the calendar year 1963, plaintiffs have moved for summary judgment and defendant has made a cross-motion for summary judgment. The material facts are not subject to any substantial dispute. Legal issues exist as to the year to which the tax applies, and as to the taxability of moneys received from an insurer for abnormal living expenses incurred after a fire in plaintiffs...
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