DUFFY v. UNITED STATES

No. 6946.

343 F.Supp. 4 (1972)

F. Paul DUFFY and Virginia H. Duffy, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Ohio, W. D.

April 12, 1972.


Attorney(s) appearing for the Case

Frank J. Richter, Cincinnati, Ohio, for plaintiffs.

Thomas R. Wechter, Tax. Div., Dept. of Justice, Washington, D. C., for defendant.


OPINION AND ORDER

PORTER, District Judge.

This is a tax refund case involving a Clifford trust (one with a lease-back). Two questions are presented. One, under the facts stipulated, did the taxpayer-lessee properly claim the rent as a deduction? Two, is the income of the trust taxable to the grantors?

Taxpayers purchased the land and building at 155 West McMillan Street, Cincinnati, Ohio, on July 31, 1962. On February 26, 1963, they executed a trust...

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