Legal Opinion
Rosen v. United States
District Court, W.D. Pennsylvania
Decided March 25, 1960No. Civ. A. No. 17865PublishedCited by 6 opinions
1Opinion of the Court
GOURLEY, Chief Judge.
This is a non-jury trial arising out of a claim to recover federal income taxes plus interest which is alleged by plaintiffs to be erroneously and illegally assessed and collected, 28 U.S.C.A. § 1346 (a) (1). Since counsel for the parties formally stipulated to all the facts no testimony was presented.
The following question is the sole matter for determination:
Whether the excess over cost of the proceeds received from the redemption of two accumulative investment certificates is to be taxed as ordinary income or as a capital gain.1
On February 21, 1940, Investors Syndicate…
2Cases cited8 opinions
- Goodstein v. CommissionerUnited States Tax Court · 1958
- Commissioner of Internal Revenue v. CaulkinsCourt of Appeals for the Sixth Circuit · 1944
- Commissioner of Internal Revenue v. J. I. Morgan and Frances MorganCourt of Appeals for the Ninth Circuit · 1959
- J. I. Morgan, Inc. v. CommissionerUnited States Tax Court · 1958
- Oestreicher v. CommissionerUnited States Tax Court · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gibbons v. CommissionerUnited States Tax Court · 1961
- Schwartz v. CommissionerUnited States Tax Court · 1963
- Leavin v. CommissionerUnited States Tax Court · 1962
- Gibbons v. CommissionerUnited States Tax Court · 1961
- Leavin v. CommissionerUnited States Tax Court · 1962
1 more not listed; retrieve them via the Exa API.