Samson v. United States

HERLANDS, District Judge.

This is an action for refund of taxes paid for the calendar year 1948. The material facts are stipulated.1 On the *621question of law which remains, both sides move for summary judgment.

That question of law may be stated as follows:

On a sale in 1948 of depreciable property (a hotel) by trustees of a liquidafcing trust for the account of remainder-men (including these plaintiffs), must adjustment of the cost basis — for the purpose of determining gain or loss— be made for depreciation of the property during the period from February 1, 1915 (the approximate date of the…