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NITTERHOUSE v. UNITED STATES

Civ. A. No. 11372.

111 F.Supp. 339 (1953)

NITTERHOUSE v. UNITED STATES.

United States District Court E. D. Pennsylvania.

February 6, 1953.

Attorney(s) appearing for the Case

Henry D. O'Connor, Philadelphia, Pa., for plaintiff.

Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., for defendant.

GANEY, District Judge.

The action here involved was brought on September 13, 1950 to recover $3,617.93 alleged to have been erroneously paid by the taxpayer as income tax for the year 1946. The issue posed is in which year should the taxpayer report income, representing a long term capital gain, derived from the condemnation of his land by the Federal government. The taxpayer insists it should be in 1943, the year in which...

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