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GOLDSTEIN v. UNITED STATES

Nos. 15355, 15356.

227 F.2d 1 (1955)

Esther GOLDSTEIN, Appellant, v. UNITED STATES of America, Appellee. Jack NELSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 14, 1955.

Attorney(s) appearing for the Case

Gilbert Weiss and Rodney Weiss, St. Louis, Mo. (Martin A. Rosenberg, St. Louis, Mo., on the brief), for appellants.

David O. Walter, Atty., Department of Justice, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and John J. Kelley, Jr., Attys., Department of Justice, Washington, D. C., Harry Richards, U. S. Atty., and Wayne H. Bigler, Jr., Asst. U. S. Atty., St. Louis, Mo., on the brief), for appellee.

Before SANBORN, COLLET and VAN OOSTERHOUT, Circuit Judges.

SANBORN, Circuit Judge.

These appeals are from judgments dismissing two actions, one brought by Esther Goldstein and the other by Jack Nelson, to recover income taxes for the years 1943, 1944, 1945 and 1946, alleged to have been illegally collected. Both actions arose out of the same facts, which were not in substantial dispute. The cases were consolidated for trial and for appeal.

The question for decision is whether the Government was precluded from denying...

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