UNITED STATES v. ATKINS

No. 13326.

189 F.2d 414 (1951)

UNITED STATES v. ATKINS.

United States Court of Appeals Fifth Circuit.

Judgment Set Aside on Rehearing August 31, 1951.


Attorney(s) appearing for the Case

Helen Goodner, Ellis N. Slack, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Wm. J. Fleniken, U. S. Atty., Shreveport, La., for appellant.

William H. Bronson, Shreveport, La., for appellee.

Before HOLMES, McCORD and RUSSELL, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment granting recovery in a suit brought by the taxpayer for the refund of $8054.95, alleged to have been illegally collected from him by the government for federal income taxes for the year 1943. The facts as found below were as follows:

In 1943, and during prior years, the taxpayer, a resident of Shreveport, Louisiana, was the managing partner of a gasoline refining company in Texas. He made investments in...

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