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BOYD v. UNITED STATES

Civ. A. No. 73-2406.

439 F.Supp. 907 (1977)

David BOYD, Jr. v. UNITED STATES of America and Alfred L. Whinston, District Director of Internal Revenue at Philadelphia, Pennsylvania.

United States District Court, E. D. Pennsylvania.

July 27, 1977.

Attorney(s) appearing for the Case

Robert M. Taylor, Philadelphia, Pa., for plaintiff.

Thomas M. Lawler, Jr., Trial Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

This tax case has had a complicated procedural history. Presently before the Court are motions for summary judgment filed by both the plaintiff and the defendant. Both motions will be denied. Although I agree with the Government's legal position, several factual questions cannot be resolved on the present record, so that summary judgment is inappropriate.

Most of the factual background of the case is...

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