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WINTHROP v. MEISELS

180 F.Supp. 29 (1959)

Robert WINTHROP and Margaret S. Winthrop, Plaintiffs, v. Raphael MEISELS, District Director of Internal Revenue, Defendant.

United States District Court S. D. New York.

December 30, 1959.

Attorney(s) appearing for the Case

Shearman & Sterling & Wright, New York City, for plaintiffs, Charles C. Parlin, Margaret Smith, Judith S. Leonard, New York City, of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., for the Southern Dist. of New York, New York City, for defendant, Joseph P. Altier, Asst. U. S. Atty., New York City, of counsel.

DIMOCK, District Judge.

These are cross-motions for summary judgment. The facts are not in dispute. Plaintiffs took a $19,532.76 charitable deduction on their 1954 joint income tax return. Defendant disallowed the deduction and assessed a deficiency which plaintiffs paid. Plaintiffs thereupon brought this suit for refund of the sum paid. Both parties have agreed that the issue before me is whether the release in 1954 by...

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