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BRUCE v. KNOX

Nos. 4-59 Civil 55, 4-59 Civil 57.

180 F.Supp. 907 (1960)

Wallace T. BRUCE and Katharine D. Bruce, Plaintiffs, v. A. R. KNOX, Former District Director of Internal Revenue, Defendant. WALLACE T. BRUCE, INCORPORATED, Plaintiff, v. A. R. KNOX, Former District Director of Internal Revenue, Defendant.

United States District Court D. Minnesota, Fourth Division.

January 25, 1960.

Attorney(s) appearing for the Case

Richard S. Larson and W. B. McCallum, of Wheeler, Fredrikson & Larson, Minneapolis, Minn., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., Robert Kapp, Lyle M. Turner, Myron C. Baum and Robert Livingston, Attys., Dept. of Justice, Washington, D. C., and Fallon Kelly, U. S. Atty., St. Paul, Minn., for defendant.

NORDBYE, District Judge.

The above actions came before the Court on the respective motions of each of the parties for summary judgment.

These actions involve petitions for refund of income taxes paid by the plaintiffs. In that the same legal questions arise in each case, they will be considered together.

Wallace T. Bruce, one of the taxpayers, received in 1948 as a gift from his mother an undivided two...

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