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LYETH v. HOEY

20 F.Supp. 619 (1937)

LYETH v. HOEY, Collector of Internal Revenue.

District Court, S. D. New York.

July 22, 1937.

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, of New York City (J. M. Richardson Lyeth and Allin H. Pierce, both of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion for summary judgment. The action is to recover an alleged overpayment of income taxes for the year 1933 amounting, with interest, to $65,005.68. There is no dispute in the essential facts. The questions presented are (1) whether the property forming the basis of the assessment was properly treated as taxable income, and (2) whether the affirmative defenses in the answer have any substance.

The plaintiff is a grandson...

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