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CRAIG v. THOMPSON

No. 13950.

177 F.2d 457 (1949)

CRAIG et al. v. THOMPSON, Collector of Internal Revenue.

United States Court of Appeals Eighth Circuit.

November 4, 1949.

Attorney(s) appearing for the Case

J. Fred Brown, Memphis, Tenn. (Leon B. Catlett, Catlett & Henderson, Little Rock, Ark. and Snowden, Davis, Brown, McCloy & Donelson, Memphis, Tenn., were with him on the brief), for appellants.

Harry Marselli, Special Assistant to the Attorney General (Theron Lamar Caudle, Assistant Attorney General, Ellis N. Slack and Rhodes S. Baker, Jr., Special Assistants to the Attorney General, James T. Gooch, United States Attorney, and G. D. Walker, Assistant United States Attorney, Little Rock, Ark., were on the brief), for appellee.

Before WOODROUGH, THOMAS and RIDDICK, Circuit Judges.

THOMAS, Circuit Judge.

This appeal by the plaintiffs is from a judgment for the defendant Thompson, Collector of Internal Revenue, in a suit in the district court to recover $9,875.74 with interest, representing income tax for the year 1943. The plaintiffs alleged that the tax was illegally and erroneously assessed and collected. The case was tried to the court without a jury.

The appellants are husband and wife. They file joint income tax returns, but the...

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