BERKOWITZ v. UNITED STATES

No. 26977 Summary Calendar.

411 F.2d 818 (1969)

Michael BERKOWITZ and Harris Kolbert, as last directors and liquidating trustees of K & B Trail Properties, Inc., Plaintiff-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1969.


Attorney(s) appearing for the Case

Philip T. Weinstein, Cunningham & Weinstein, Miami, Fla., for appellants.

William A. Meadows, Jr., U. S. Atty., Miami, Fla., Mitchell Rogovin, Johnnie M. Walters, Asst. Attys. Gen., Lee A. Jackson, Louis M. Kauder, Stanley L. Ruby, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


DYER, Circuit Judge:

The appellants brought this action, pursuant to 28 U.S.C.A. § 1346(a) (1),1 for a refund of income taxes paid by the taxpayer, K & B Trail Properties, Inc., claiming that the Commissioner erroneously determined that certain advances made by the appellant to the taxpayer were contributions to capital rather than loans.2 A trial by jury resulted in a verdict for appellants. The District...

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