BAYER v. UNITED STATES

No. C71-1126.

382 F.Supp. 576 (1974)

Ronald J. BAYER et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Ohio, E. D.

May 30, 1974.


Attorney(s) appearing for the Case

Richard Katcher, Cleveland, Ohio, for plaintiffs.

Lawrence Ross, David Curtin, Tax Div., Dept. of Justice, Washington, D.C., Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, for defendant.


MEMORANDUM

BEN C. GREEN, District Judge.

This is an action by plaintiffs seeking the sum of $22,104.45 refund on their joint federal income tax return for the year 1968. The essential question is whether certain income should be treated as ordinary income, as originally reported by plaintiffs, or as capital gains, as reported by plaintiffs on their amended return.

The matter is now before the Court upon cross-motions for summary judgment, a stipulation...

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