DRAKE v. UNITED STATES

No. C-83-76-G.

597 F.Supp. 1271 (1984)

Howard F. DRAKE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M.D. North Carolina, Greensboro Division.

November 27, 1984.


Attorney(s) appearing for the Case

Michael C. Stovall, Jr., Greensboro, N.C., for plaintiff.

Richard F. Mitchell, Atty., Tax Div., Dept. of Justice, Washington, D.C., for defendant.


MEMORANDUM OPINION

GORDON, Senior District Judge.

This income tax refund suit came before the Court for trial on October 10, 1984. Plaintiff taxpayer Howard F. Drake (Drake), formerly an employee of a tax-exempt section 501(c)(3) 1 organization, had, during this employment, participated in a tax-sheltered section 403(b) annuity program. Under this program, Drake directed that a certain amount of his salary be paid as premiums...

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