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duPONT v. UNITED STATES

Civ. A. No. 3021.

293 F.Supp. 1325 (1968)

Emile F. duPONT and Margaret D. duPont, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Delaware.

As Amended December 12, 1968.

Attorney(s) appearing for the Case

John Biggs, III, Wilmington, Del., Henry T. Reath, Joseph W. Price, 3rd, and David C. Toomey, Duane, Morris & Heckscher, Philadelphia, Pa., of counsel, for plaintiffs.

Alexander Greenfeld, U. S. Atty., John P. Brady, Asst. U. S. Atty., Wilmington, Del., Marvin J. Garbis and Lawrence J. Ross, Dept. of Justice, Tax Div., Washington, D. C., for defendant.

PRELIMINARY STATEMENT, FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING PARTIAL NEW TRIAL

STEEL, District Judge.

Preliminary Statement

Plaintiffs sued the Government for a refund of Federal income taxes which plaintiffs paid as a result of the disallowance by the Government of a deduction of $71,932.04 claimed by plaintiffs in their 1961 income tax return. This was the major part of an alleged $95,000 casualty loss to plaintiffs' residence...

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