UNITED STATES v. PFISTER

No. 14656.

205 F.2d 538 (1953)

UNITED STATES v. PFISTER.

United States Court of Appeals Eighth Circuit.

June 29, 1953.


Attorney(s) appearing for the Case

I. Henry Kutz, Sp. Asst. to Atty. Gen. (Charles S. Lyon, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, and William L. Norton, Jr., Sp. Assts. to Atty. Gen., Leo P. Flynn, U. S. Atty., and Francis G. Dunn, Asst. U. S. Atty., Sioux Falls, S. D., on the brief), for appellant.

James W. Bellamy, Rapid City, S. D. (Bellamy, Eastman & Christol, Rapid City, S. D., on the brief), for appellee.

Before SANBORN, RIDDICK, and COLLET, Circuit Judges.


RIDDICK, Circuit Judge.

The United States appeals from a judgment in an action brought under Title 28 U.S.C. § 1346(a) (1), to recover alleged overpayments of income taxes for the years 1944, 1946, and 1947.

The taxpayer raises beef cattle for market. In accordance with custom in the industry, the taxpayer maintained a herd for breeding purposes, from year to year selling steers on the market, but retaining the heifers not for sale but to replenish his...

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