CAMPBELL v. BATMAN

No. 16082.

239 F.2d 283 (1956)

Ellis CAMPBELL, Jr., Collector of Internal Revenue, Appellant, v. Ray L. BATMAN and Mrs. Ray L. (Edith B.) Batman, Appellees.

United States Court of Appeals Fifth Circuit.

December 12, 1956.


Attorney(s) appearing for the Case

Marvin W. Weinstein, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Washington, D. C., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Harry Baum, Dept. of Justice, Washington, D. C., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellant.

Robert J. Hobby, Wentworth T. Durant, Dallas, Tex., Durant, Hobby & Aikman, Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


HUTCHESON, Chief Judge.

The suit was for refund of income taxes overassessed for the tax years 1946 and 1947.

The claim was that the taxes, the refund of which is sued for, resulted from the erroneous action of the Commissioner in denying the existence and validity, for tax purposes for the tax years in question, of the partnership of Ray L. Batman and his son, Gerald L. Batman.

The defenses were a denial of the existence and operation of the partnership...

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