Simon v. United States

THORNTON, District Judge.

To reduce the issue here presented to its simplest terms, it may be thus stated:

Is a taxpayer entitled to a deduction on his 1944 income tax return for the excess rental monies received by him in 1943, (and reported as 1943 income) and subsequently, in 1944, repaid to the lessee, the said repayment being pursu*954ant to an agreement providing that such repayment be made when the amount considered by Treasury Department to be excessive should be determined, said determination being actually made in 1944?

These cases have been submitted to the Court on a stipulation of facts…