Appendrodt v. United States

MEMORANDUM ORDER

ZIEGLER, District Judge.

I. History of Case

This is a civil action for refund of $1,253.12, plus interest, in federal income taxes paid for 1976. Jurisdiction is conferred by 28 U.S.C. § 1346(a)(1) and 26 U.S.C. § 7422.

The facts are not in dispute. On September 8 and 16, 1976, Ann J. Appendrodt sold stock which resulted in a net long term capital gain of $35,704.28. One-half of this sum or $17,852.14 was treated as a capital gain on her tax return for that year. The sum of $17,852.14 is a tax preference item as defined in Section 57 of the Internal Revenue Code. 26 U.S.C. § 57…