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FEHRS v. UNITED STATES

No. 85-75.

556 F.2d 1019 (1977)

Edward J. and Violette FEHRS v. The UNITED STATES.

United States Court of Claims.

As Modified June 21, 1977.

Attorney(s) appearing for the Case

William A. Cromartie, Chicago, Ill., attorney of record for plaintiff; Michael M. Conway and Hopkins, Sutter, Mulroy, Davis & Cromartie, Chicago, Ill., of counsel.

William C. Rapp, Court of Claims Section, Tax Div., U.S. Dept. of Justice, with whom was Acting Asst. Atty. Gen. Myron C. Baum, Washington, D.C., for defendant. Theodore D. Peyser, Jr., Donald H. Olson and Kenneth R. Pike, Washington, D.C., of counsel.

Before COWEN, Senior Judge, and NICHOLS and BENNETT, Judges.

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

COWEN, Senior Judge:

Plaintiffs have moved for summary judgment in the amount of $20,954.83, together with interest and costs as provided by law, representing federal income taxes and interest paid by them on income received in their taxable year ended December 31, 1966. Plaintiffs assert that their income in that year, which was assessed at ordinary income...

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