WHEELER v. UNITED STATES

Appeal No. 85-533.

768 F.2d 1333 (1985)

Warren G. WHEELER, Jr., Jean M. Wheeler, James J. McLaughlin, Jr., and Mary K. McLaughlin, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 25, 1985.


Attorney(s) appearing for the Case

Paul A. Teschner, Teschner Professional Corp., Chicago, Ill., argued for appellants.

Bruce Ellisen, Tax Div., Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard Farber.

Before FRIEDMAN, NIES and NEWMAN, Circuit Judges.


FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States Claims Court dismissing the appellants' tax refund suits covering federal income taxes for the taxable years 1975 and 1976. The Claims Court held that amounts paid by an employer's educational benefits trust to the appellants' children for college expenses were properly includible in the appellants' gross income. We affirm.

I

The appellants Mr. Wheeler and Mr. McLaughlin...

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