PEARSON v. UNITED STATES

No. 74-2040.

519 F.2d 1279 (1975)

Mae N. PEARSON, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1975.


Attorney(s) appearing for the Case

Jeffrey S. Blum, Atty., Tax Div., U. S. Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Brian P. Gettings, U. S. Atty., Raymond A. Carpenter, Jr., Asst. U. S. Atty., Gilbert E. Andrews, and Elmer J. Kelsey, Attys., Tax Div., U. S. Dept. of Justice, on brief), for appellant.

H. Brice Graves, Richmond, Va. (Robert S. Parker, Jr., Hunton, Williams, Gay & Gibson, Richmond, Va., on brief), for appellee.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


WINTER, Circuit Judge:

In 1968 and 1969, Mrs. Mae Pearson paid long-term capital gains taxes on certain monies—termed by the parties as "special death benefits"—received by her from the Graybar Electric Company (Graybar), her deceased husband's former employer. She sued for a refund of these taxes, claiming that they were erroneously paid because the amounts paid to her by Graybar were gifts, excluded from gross income under § 102(a) of the Internal...

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