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WIMBISH v. UNITED STATES

Civ. A. No. 4881.

267 F.Supp. 597 (1967)

Louis WIMBISH, Jr. and Marydee Lowe Wimbish, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Kentucky, at Louisville.

January 13, 1967.

Attorney(s) appearing for the Case

Robert L. Maddox, Jr., Ernest C. Pepples, Jr., Louisville, Ky., Josiah Willard, New York City, for plaintiffs.

Ernest W. Rivers, U. S. Atty., Louisville, Ky., S. K. Cochran, Dept. of Justice, Refund Trial Section No. 1, Washington, D. C., for the United States.

MEMORANDUM

BROOKS, Chief Judge.

This action was instituted by Louis Wimbish, Jr. and his wife, Marydee Lowe Wimbish, under Title 28 U.S.C.A. Section 1346(a) (1) to recover from the United States income taxes which were assessed on retirement benefits paid to Louis Wimbish in 1961 and 1962 under the retirement plan of his employer, the Brown & Williamson Tobacco Corporation. The taxability of those benefits turns on the narrow question of whether any...

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