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HOLDEEN v. RATTERREE

Civ. No. 6801.

166 F.Supp. 694 (1958)

Jonathan HOLDEEN, Plaintiff v. Riley J. RATTERREE, as Late District Director of Internal Revenue, Fulton D. Fields, as Late Acting District Director of Internal Revenue, Defendants.

United States District Court N. D. New York.

September 16, 1958.

Attorney(s) appearing for the Case

Jonathan Holdeen, Pine Plains, N. Y., in pro. per., Lester E. Palmer, Jr., Poughkeepsie, N. Y., Robert P. Brisson, Pleasantville, N. Y., of counsel.

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., David R. Frazer, Robert W. Kernan, Attys., Dept. of Justice, Washington, D. C., of counsel.

BRENNAN, Chief Judge.

The taxability to the settlor of the income of certain trusts is the ultimate problem in this litigation. The year involved is 1945. The statutory basis of taxation is found in Sec. 22(a) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 22(a). The immediate question for decision arises by reason of motions made by both litigants to set aside the verdict of the jury as to special questions...

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