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ANDERSON v. UNITED STATES

Civ. No. 1-76-423.

468 F.Supp. 1085 (1979)

Donald C. ANDERSON and Gernhild Anderson, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

March 30, 1979.

Attorney(s) appearing for the Case

William R. Busch, St. Paul, Minn., for plaintiffs.

Lawrence E. Meuwissen, Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This case presents the troublesome issue of whether income to the grantee from the "release" of a "thirty (30) day right of refusal" to the original grantor should be treated for tax purposes as ordinary income or as capital gain. The plaintiff taxpayers in this action are Donald C. Anderson and Gernhild Anderson. Since Gernhild Anderson was not specifically involved in any of the transactions giving rise...

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