KASPER v. BARON

No. 14793.

207 F.2d 744 (1953)

KASPER v. BARON.

United States Court of Appeals Eighth Circuit.

November 17, 1953.


Attorney(s) appearing for the Case

Joseph F. Goetten, Sp. Asst. to Atty. Gen., Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and Robert N. Anderson, 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.

George A. Bangs, Sioux Falls, S. D. (W. A. McCullen, Rapid City, S. D., on the brief), for appellee.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.


THOMAS, Circuit Judge.

This is a tax case involving a husband and wife partnership problem. This is the second time it has come to this court. The plaintiff, William Baron, the husband, alleged that claims for overpayments of income taxes by him for the fiscal years January 31, 1944, 1945, and 1946, had been filed as required by § 3772, Internal Revenue Code, 26 U.S.C.A. § 3772, and that six months had elapsed but that no decision had been rendered thereon...

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