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WYNN v. UNITED STATES

Civ. A. No. 41146.

288 F.Supp. 797 (1968)

John S. WYNN, Jr., and Margaret R. Wynn, his wife v. The UNITED STATES of America.

United States District Court E. D. Pennsylvania.

July 5, 1968.

Attorney(s) appearing for the Case

Henry L. Schimpf, Jr., Philadelphia, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., Mitchell Rogovin, Donald R. Anderson, Richard J. Sideman, Attys., U. S. Dept. of Justice, Washington, D. C., for defendant.

OPINION

HIGGINBOTHAM, District Judge.

This case is before me on the cross motions of the taxpayer and the Government for summary judgment. The question on which the grant or denial of these motions turns is whether the interest for which taxpayer seeks a deduction, pursuant to § 212 of the Internal Revenue Code of 1954, 26 U.S.C. § 2121 was, within the meaning of § 265(2) of the Code,2

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