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JACOB v. UNITED STATES

No. 73-1346.

493 F.2d 1294 (1974)

Walter and Nancy JACOB v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 19, 1974.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, William A. Friedlander and John A. Townsend, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., Herbert J. Stern, U. S. Atty., D. N.J., for appellant.

Albert G. Besser, Hannoch, Weisman, Stern & Besser, Newark, N. J., for appellees.

Before VAN DUSEN, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is before us on appeal by the Government from a district court judgment in favor of plaintiff-appellee taxpayer, Dr. Jacob,* in a refund suit to recover federal income taxes paid by the taxpayer pursuant to a deficiency assessment for the taxable years 1964-1966. The issue presented by this appeal is whether groceries furnished to the taxpayer by his employer for consumption...

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