Zachary v. United States

Plaintiff seeks recovery of $5,449.35, with interest, which he alleges was an overpayment of income taxes for the fiscal year ending May 31,1944.

Each party has moved for summary j udgment.

During the fiscal year ending May 31, 1944, plaintiff received the sum of $66,125 in settlement of litigation in Michigan state courts. This he reported as income for that year, allocating the amount between the sales of shares of stock surrendered in the settlement and previous years’ salary, in the amounts of $18,875 and $47,850, respectively.

Plaintiff filed a claim for refund on August 12,1947, claiming…