TUTTLE v. UNITED STATES

No. 46, Docket 34214.

436 F.2d 69 (1970)

John R. TUTTLE and Louise B. Tuttle, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 29, 1970.


Attorney(s) appearing for the Case

Benjamin M. Parker, Atty., Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Crombie J. D. Garrett, Attys., Dept. of Justice, Washington, D. C., of counsel; James M. Sullivan, Jr., U. S. Atty., N. D. N. Y., Syracuse, N. Y., and Samuel T. Betts, III, Asst. U. S. Atty., on the brief), for defendant-appellant.

Caleb Candee Brown, Jr., Syracuse, N. Y., for plaintiffs-appellees.

Before MOORE, SMITH and ANDERSON, Circuit Judges.


MOORE, Circuit Judge:

Plaintiffs (appellees) seek a determination that they were entitled to deduct from their Federal income tax return for the taxable year 1964 the replacement value of a life insurance policy which was given by them to a charitable institution, which amount was stipulated to be $4,000.67. Accordingly, plaintiffs seek a tax refund of $2,081.56.

Plaintiffs' son, Forbes S. Tuttle, on the dates relevant to the issues herein, was the general...

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