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BUSHMIAER v. UNITED STATES

No. 15420.

230 F.2d 146 (1956)

W. S. BUSHMIAER and Russell L. Myers, co-executors of the estate of J. W. Myers, deceased, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 21, 1956.

Attorney(s) appearing for the Case

William H. Bowen, Little Rock, Ark. (Mehaffy, Smith & Williams, Little Rock, Ark., on the brief), for appellants.

Harry Marselli, Attorney, Department of Justice, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and David O. Walter, Attorneys, Department of Justice, Washington, D. C., Charles W. Atkinson, U. S. Atty., and Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., on the brief), for appellee.

Randolph W. Thrower and Sutherland, Asbill & Brennan, Atlanta, Ga., amici curiae.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

GARDNER, Chief Judge.

This was an action brought by appellants W. S. Bushmiaer and Russell L. Myers in their representative capacities as co-executors of the estate of J. W. Myers, deceased, to recover $5,000.00 of additional income taxes paid for the years 1942 and 1943 by the estate in partial satisfaction of a deficiency assessment with civil fraud penalties of $94,485.63 for 1942 and $43,503.65 for 1943. The appellants will be referred to as plaintiffs and appellee...

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