Harvey v. United States

MICHIE, District Judge.

This is a suit for the recovery of federal excise taxes and interest paid by the plaintiffs between August 4, 1961 and March 19, 1962 upon assessments by the Internal Revenue Service under 26 U.S.C. § 4241 (1954).

The issue to be decided is whether the purchase and ownership of shares of stock in Laurel, Inc. is a condition precedent to membership in Tuscarora Country Club, hereinafter called “Tuscarora”, thus making payments for the stock taxable under 26 U.S.C. § 4241(a) (2).

There is no real conflict of facts, these having been determined from uncontradicted testimony…