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STRUTHERS v. UNITED STATES

Civ. No. 4-76-270.

442 F.Supp. 562 (1977)

Richard D. STRUTHERS and Carol J. Struthers, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

January 13, 1977.

Attorney(s) appearing for the Case

T. C. Waldron, Litchfield, Minn., for plaintiffs.

Elizabeth A. Egan, Asst. U. S. Atty., Minneapolis, Minn., of counsel, Thomas R. Jones, James P. Sites, Attys., Tax Division, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This is a suit for refund of taxes. Plaintiffs, husband and wife, assert that they overpaid taxes on self-employment income for 1973 and 1974 in the amounts of $302.521 and $498.66, respectively. They argue that the Internal Revenue Service incorrectly disallowed a deduction, representing a return of capital, from the gross income of their farm for each year. The Government has...

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