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UNITED STATES v. JONES

No. 4350.

194 F.2d 783 (1952)

UNITED STATES v. JONES et al.

United States Court of Appeals Tenth Circuit.

February 19, 1952.

Attorney(s) appearing for the Case

Irving Axelrad, Washington D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott and Howard P. Locke, Special Asst. to the Atty. Gen., Charles S. Vigil, U. S. Atty., and Henry E. Lutz, Asst. U. S. Atty., Denver, Colo., on the brief), for appellant.

Louis G. Isaacson, Denver, Colo., for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Andy Jones and his wife, Mary K. Jones, brought this action in the District Court, 96 F.Supp. 973, for the District of Colorado under the authority of 28 U.S.C.A. § 1346 (a) (1) to recover income taxes alleged to have been erroneously collected from them during the years 1944, 1945 and 1946.1

The only question to be determined is whether certain payments received...

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