IGLESIAS v. U.S.

No. 85 Civ. 8183 (MGC).

658 F.Supp. 856 (1987)

Andres IGLESIAS, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

April 29, 1987.


Attorney(s) appearing for the Case

Jillson, Bedford & Hoppen, by William Hoppen, New York City, for plaintiff; Nathaniel F. Bedford, Robert M. Willan, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Susan P. Johnston, Asst. U.S. Atty., New York City, for defendant.


CEDARBAUM, District Judge.

The parties have filed cross-motions for summary judgment on plaintiff's claim for a refund of income tax paid on the prejudgment interest included in the damage judgment recovered by plaintiff for the conversion of his tax exempt property. For the reasons discussed below, plaintiff's motion for summary judgment is granted, and defendant's is denied.

BACKGROUND

In 1965 and 1966, plaintiff Andres Iglesias ("Iglesias"), a...

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