H. O. Williams and Mrs. Ada L. Williams v. United States

HUTCHESON, Chief Judge.

The suit was for the refund of income taxes for the year 1947, which the plaintiffs alleged had been overpaid by them.

The claim was that plaintiffs had correctly reported on the installment basis, as provided in Sec. 44(b), I.R.C., 1 the capital gain received from a timber sale in 1947, and the commissioner had incorrectly required the whole of the gain to be included as income in that year.

The answer, admitting the assessment and payment of the deficiency, denied that plaintiffs were entitled to report the gain in installments and that the assessment and collection…