McCORMAC v. UNITED STATES

No. 409-65.

424 F.2d 607 (1970)

Scott McCORMAC and May McCormac v. The UNITED STATES.

United States Court of Claims.

April 17, 1970.


Attorney(s) appearing for the Case

John H. Hall, Los Angeles, Cal., attorney of record, for plaintiffs. Dana Latham, Max L. Gillam, William A. Long, and Latham & Watkins, Los Angeles, Cal., of counsel.

Philip R. Miller, Washington, D. C., with whom was Asst. Atty. Gen. Johnnie M. Walters, for defendant.

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


OPINION*

LARAMORE, Judge.

This is an action to recover a deficiency of Federal income taxes assessed and paid for the year 1961. The issues as presented by the parties involve the proper characterization of the cemetery stock transfer underlying this suit, and the tax treatment to be accorded the proceeds derived from that transaction.

The facts in this case are set forth at length in the findings of fact below. Here...

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