FORD v. UNITED STATES

No. 78-2251.

618 F.2d 357 (1980)

Tedroe J. FORD, Jr. and Margaret Ford, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 1980.


Attorney(s) appearing for the Case

John H. Hannah, Jr., U. S. Atty., Tyler, Tex., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, App. Sec., William S. Estabrook, III, Aaron P. Rosenfeld, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Allen E. Pye, Tyler, Tex., for plaintiffs-appellees.

Before THORNBERRY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges.


FRANK M. JOHNSON, Jr., Circuit Judge:

Taxpayers Tedroe and Margaret Ford brought suit against the United States in the District Court for the Eastern District of Texas seeking refund of federal income taxes and interest for 1970 and 1971. The Court denied the Government's motion to dismiss the litigation for lack of subject matter jurisdiction and, because the United States tendered no defense on the merits, entered judgment in favor of the Fords for $7,195.81 with...

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