BACCIOCCO v. UNITED STATES

Civ. Nos. 1821-1823.

175 F.Supp. 93 (1959)

Charles J. BACCIOCCO and Mary Jo Bacciocco, Plaintiffs, v. UNITED STATES, Defendant. Nellie R. O'DONNELL and James B. O'Donnell, Plaintiffs, v. UNITED STATES, Defendant. Charles J. BACCIOCCO and James B. O'Donnell, Trustees, Plaintiffs, v. UNITED STATES, Defendant.

United States District Court S. D. Ohio, W. D.

May 21, 1959.


Attorney(s) appearing for the Case

Charles B. Ginocchio, Ginocchio & Ginocchio, Cincinnati, Ohio, James B. O'Donnell, Dolle, O'Donnell, Cash, Fee & Hahn, Cincinnati, Ohio, for plaintiffs.

Hugh K. Martin, U. S. Atty., H. Donald Hawkins, Asst. U. S. Atty., Dayton, Ohio, Charles K. Rice, Asst. Atty. Gen., James P. Garland, Lyle M. Turner, Jerome S. Hertz, Department of Justice, Washington, D. C., for defendant.


CECIL, District Judge.

The plaintiffs in these cases filed complaints to recover from the defendant certain sums of money previously paid as income taxes alleged to have been erroneously, illegally and wrongfully assessed and collected.

The cases are submitted to the Court upon the pleadings, stipulations of facts and briefs of counsel.

The question involved is whether or not capital gains reported in 1948 tax returns should be calculated on the valuation...

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