Legal Opinion

Malone v. United States

District Court, N.D. Mississippi

Decided April 29, 1971No. DC 6911-KPublishedCited by 26 opinions

1Opinion of the Court

MEMORANDUM OPINION

READY, Chief Judge.

This action was instituted under 28 U.S.C. § 1346(a) (1) by R. C. Malone and Nettie A. Malone against the United States for recovery of $5,706.73 assessed against and collected from them as federal income taxes for the calendar year 1961, plus interest and costs. 1

The case presents three questions: (1) whether plaintiff realized a long-term capital gain in 1961 as the result of a transfer of 546 acres of encumbered farm land to a trust for the benefit of his grandchildren; (2) whether $33.70 paid by plaintiff for legal fees in connection with a mortgage…

2Cases cited38 opinions

  1. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  2. Morgan v. CommissionerSupreme Court of the United States · 1940
  3. Crane v. CommissionerSupreme Court of the United States · 1947
  4. Douglas v. WillcutsSupreme Court of the United States · 1935
  5. Helvering v. WinmillSupreme Court of the United States · 1938

33 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Johnson v. CommissionerUnited States Tax Court · 1973
  2. Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
  3. Estate of Aaron Levine, Deceased, Harvey Levine, and Anna Levine, Surviving Wife v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1980
  4. Estate of Levine v. CommissionerUnited States Tax Court · 1979
  5. Hughes v. TylerMississippi Supreme Court · 1986

21 more not listed; retrieve them via the Exa API.

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