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WEBB v. I.R.S. OF U.S.

Civ. A. No. 90-11009-Y.

823 F.Supp. 29 (1993)

Frederick L. WEBB, Plaintiff, v. INTERNAL REVENUE SERVICE of the UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

May 25, 1993.

Attorney(s) appearing for the Case

Joseph J. Brodigan, Langan, Dempsey & Brodigan, Boston, MA, James M. Murphy, Norwood, MA, for plaintiff.

Susan M. Poswistilo, U.S. Atty's. Office, Boston, MA, Henry J. Riordan, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

The main issue to be decided on this motion for summary judgment is whether funds embezzled from disbursements of a federal storm disaster relief loan are taxable income to the embezzler. The plaintiff, Frederick L. Webb ("Webb"), contends that, since he always intended to repay the embezzled loan funds, they are properly categorized for tax purposes as a loan and should not have been assessed as income...

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