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O'MALLEY v. YOST

No. 14166.

189 F.2d 331 (1951)

O'MALLEY, Collector of Internal Revenue, v. YOST.

United States Court of Appeals Eighth Circuit.

May 31, 1951.

Attorney(s) appearing for the Case

I. Henry Kutz, Sp. Asst. to Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, and George D. Webster, Sp. Assts. to Atty. Gen. and Joseph T. Votava, U. S. Atty., Omaha, Neb., on the brief), for appellant.

Joseph J. Cariotto, Lincoln, Neb., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

PER CURIAM.

By motion, treated as petition for rehearing, and supporting brief the taxpayer appellee has argued that the judgment of the District court awarding him a refund of income tax ought to be affirmed even though the grounds on which the judgment was rested were erroneous as this court decided, 186 F.2d 603. He contends that if, as we have decided, the $2,951.11 which he paid to his wife so that he could convey good title...

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