Hale v. Anglim

ST. SURE, District Judge.

Plaintiff sues to recover $3,757.93 which she claims she erroneously paid to defendant Collector as income tax for 1937. In her tax return plaintiff reported the sums of $6,230 and $5,450, representing dividends on stocks distributed to her upon a compromise agreement under the order of the State probate court, and by the trustee- of a testamentary trust respectively. The questions for decision are (1) whether the sum of $6,230, received as dividends by plaintiff, is exempt from taxation under § 22(b) (3) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Code § 22(b)…