Abraham v. United States

OPINION ON MOTIONS FOR SUMMARY JUDGMENT

BAILEY BROWN, Chief Judge. '

Plaintiffs, George G. Abraham and Herbert Abraham, Trustees of the Abraham Trust, have sued the defendant, United States of America, for a refund of federal income taxes in the amount of $70,054.63 for the taxable years ending October 31, 1960, through October 31, 1963, which the Abraham Trust paid under protest. These income taxes were assessed as a result of the Internal Revenue Service’s determination that the Abraham Trust was an association taxable as a corporation, under the Internal Revenue Code of 1954, § 7701, and…