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KOCH v. UNITED STATES

Nos. 2733-2735.

138 F.2d 850 (1943)

KOCH v. UNITED STATES. PERDEW v. SAME. WINKLER v. SAME.

Circuit Court of Appeals, Tenth Circuit.

November 8, 1943.

Attorney(s) appearing for the Case

Mark H. Adams, of Wichita, Kan. (Charles E. Jones and J. Ashford Manka, both of Wichita, Kan., on the brief), for appellants.

John E. Garvey, Atty., Dept. of Justice (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and F. E. Youngman, Sp. Assts. to Atty. Gen., and George H. West, U. S. Atty., of Topeka, Kan., on the brief), for the United States.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Koch, Perdew, and Winkler1 each filed claims for refund of additional income taxes and interest paid for the year 1935. The claims were denied. The claimants brought separate suits to recover on their respective claims. The suits were consolidated below. A single judgment was entered dismissing the complaints.

On December 17, 1931, the claimants owned all of the issued and outstanding capital stock of the...

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