Jerome S. Murray and Grace H. Murray v. The United States

ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

LARAMORE, Judge.

This is an action to recover alleged overpayments of Federal income tax for the tax years 1965 and 1966. Defendant has moved for partial summary judgment pursuant to Court of Claims Rule 64(b) and (e), with respect to one of the issues raised by plaintiffs in this case, i. e., whether income received in the year 1965 as deferred payment upon a transaction which occurred in 1955 is ordinary income or capital gain.

The pertinent facts alleged by plaintiffs, which we assume to be correct for the purpose of deciding defendant’s…