Kocurek v. United States

MEMORANDUM OPINION

SPEARS, Chief Judge.

This is a case of first impression. It was brought by taxpayers Louis and Millie Kocurek to compel the refund of a part of the income taxes which they were required to pay for the taxable years 1973 and 1974. The case is before this Court on cross-motions for summary judgment, and involves an interpretation of the provisions of the Internal Revenue Code. 1 The parties have submitted a pretrial order which reflects that all of the material facts have been stipulated.

Since the Court is convinced that the income received by the taxpayers from regulated…