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ALLISON v. UNITED STATES

Civ. No. 71-469.

379 F.Supp. 490 (1974)

Herbert L. ALLISON and Lois J. Allison (now Warfield), Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, M. D. Pennsylvania.

Opinion on Motion to Amend August 14, 1974.

Attorney(s) appearing for the Case

Nevin Stetler, Michael P. Bianchini, Stetler & Gribbin, York, Pa., for plaintiffs.

S. John Cottone, U. S. Atty. Scranton, Pa., Scott P. Crampton, Asst. Atty. Gen., Donald R. Anderson, Stephen T. Lyons, Attys. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM

SHERIDAN, Chief Judge.

This is a civil action for the refund of $8,315.93 in income taxes, together with interest, which the taxpayer claims were erroneously and illegally assessed by the defendant for the calendar year 1962. The case was submitted on a stipulation of facts.

On March 1, 1959, the plaintiff,1 Herbert L. Allison, received as a gift from his father, Herbert F. Allison, a portion of his father...

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