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JONES v. KOMA

No. 4782.

218 F.2d 530 (1955)

H. C. JONES, Individually, and former Collector of Internal Revenue, Appellant, v. KOMA, Incorporated, Appellee.

United States Court of Appeals, Tenth Circuit.

January 3, 1955.

Attorney(s) appearing for the Case

Grant W. Wiprud, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and James Q. Riordan, Sp. Assts. to the Atty. Gen., on the brief), for appellant.

Graham Loving, Jr., and James D. Fellers, Oklahoma City, Okl. (L. Karlton Mosteller and Mosteller, Fellers, Andrews & Loving, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

In an action against the Collector of Internal Revenue for the District of Oklahoma to recover income taxes exacted under Section 102 of the Internal Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 102,1 and paid under protest, the trial court instructed the jury in presently material part that in arriving at their verdict they must determine (1) whether the earnings of the...

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