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WYNDHAM v. UNITED STATES

No. AC/563.

197 F.Supp. 856 (1961)

Stephen F. WYNDHAM and Frances G. Wyndham, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. South Carolina, Columbia Division.

October 4, 1961.

Attorney(s) appearing for the Case

Edens & Hammer, Columbia, S. C., for plaintiffs.

Terrell L. Glenn, U. S. Atty., Columbia, S. C., Leon W. Vaseliades, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

WYCHE, District Judge (sitting by designation).

This is an action for the recovery of income taxes alleged to have been erroneously and illegally collected by the United States from the plaintiffs for the years 1955, 1956 and 1957, the claim being based upon a five dollar a day subsistence allowance allegedly excludable from gross income by police officials of a State under Section 120, Internal Revenue Code of 1954, 26 U.S.C.A. § 120, and Section 53-2.1 of the...

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