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MALONE v. UNITED STATES

No. DC 6911-K.

326 F.Supp. 106 (1971)

R. C. MALONE and Nettie A. Malone, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Mississippi, Delta Division.

April 29, 1971.

Attorney(s) appearing for the Case

Ben F. Mitchel, Cleveland, Miss., for plaintiffs.

Jack Warren, Justice Dept., Washington, D. C., for defendant.

MEMORANDUM OPINION

KEADY, Chief Judge.

This action was instituted under 28 U.S.C. § 1346(a) (1) by R. C. Malone and Nettie A. Malone against the United States for recovery of $5,706.73 assessed against and collected from them as federal income taxes for the calendar year 1961, plus interest and costs.1

The case presents three questions: (1) whether plaintiff realized a long-term capital gain in 1961 as the result...

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