MOYLE v. UNITED STATES

No. 42045.

22 F.Supp. 432 (1938)

MOYLE et al. v. UNITED STATES.

Court of Claims.

March 7, 1938.


Attorney(s) appearing for the Case

W. A. Bolinger, of Washington, D. C., for plaintiffs.

John W. Hussey, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.


GREEN, Judge.

This is a somewhat peculiar case. The plaintiffs sue as surviving partners of a partnership to recover taxes paid. The return of the taxes for the year in controversy was filed in the name of the partnership, the refund claim was filed on behalf of the partnership, and yet it is argued that there was in fact no partnership. Indeed, it is asserted, among other things, in a claim of abatement which was filed that there was no partnership. But it is obvious...

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