UNITED STATES v. GORDON

No. 14379.

205 F.2d 658 (1953)

UNITED STATES v. GORDON.

United States Court of Appeals Fifth Circuit.

July 10, 1953.


Attorney(s) appearing for the Case

Carolyn R. Just, Ellis N. Slack, John J. Kelley, Jr., Sp. Assts. to the Atty. Gen., Charles S. Lyon, H. Brian Holland, Asst. Attys. Gen., for appellant.

A. C. Wheeler, Wheeler, Robinson & Thurmond, Gainesville, Ga., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.


STRUM, Circuit Judge.

The United States instituted this suit to recover the sum of $35,196.54, with interest, alleged to have been erroneously refunded to the defendant taxpayer Mose W. Gordon, Sr., on account of income taxes for the years 1942, 1943 and 1944. 26 U.S.C.A. § 3746. The United States appeals from a judgment below finding it entitled to only $8,822.71, with interest.

During the years in controversy, Mose W. Gordon, Sr., his wife, and their...

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