Sherover v. United States

Second Circuit

Sherover v. United States

239 F.2d 766

CourtCourt of Appeals for the Second Circuit

DecidedNovember 5, 1956

DocketNo. 40, Docket 24094

StatusPublished

Cited by1 cases

This text of 239 F.2d 766 (Sherover v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherover v. United States, 239 F.2d 766 (2d Cir. 1956).

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Opinion

PER CURIAM.

This is an appeal from a judgment dismissing plaintiff’s complaint after trial before Judge Weinfeld without a jury. Plaintiff sued, pursuant to Section 3801 of the 1939 Internal Revenue Code, 26 U.S.C.A., to recover income taxes. We agree with Judge Weinfeld’s opinion, reported in 137 F.Supp. 778, 780, that there has been no “determination” of “the basis of” the “property” within the meaning of the statute.¹

Affirmed.

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PER CURIAM.

This is an appeal from a judgment dismissing plaintiff’s complaint after trial before Judge Weinfeld without a jury. Plaintiff sued, pursuant to Section 3801 of the 1939 Internal Revenue Code, 26 U.S.C.A., to recover income taxes. We agree with Judge Weinfeld’s opinion, reported in 137 F.Supp. 778, 780, that there has been no “determination” of “the basis of” the “property” within the meaning of the statute.¹

Affirmed.

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Bluebook (online)

239 F.2d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherover-v-united-states-ca2-1956.

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