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HANSEN v. VIDAL

Nos. 5336, 5337.

237 F.2d 453 (1956)

Bessie P. HANSEN, Appellant, v. Stephen P. VIDAL, District Director of Internal Revenue, Appellee. John O. HANSEN, Appellant, v. Stephen P. VIDAL, District Director of Internal Revenue, Appellee.

United States Court of Appeals Tenth Circuit.

October 1, 1956.

Attorney(s) appearing for the Case

W. Lee McLane, Jr., Phoenix, Ariz. (Nola M. Lane, Phoenix, Ariz., was with him on the brief), for appellants.

Arthur I. Gould, Washington, D. C. (Charles K. Rice, Lee A. Jackson and A. F. Prescott, Washington, D. C., were with him on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This is a consolidated appeal by John O. Hansen and his wife, Bessie P. Hansen, from a judgment in the District Court of New Mexico denying recovery of income tax deficiencies, penalties and interest for the taxable years 1946 and 1947, paid under protest.

At the outset, the appellee challenged the jurisdiction of this court to entertain the appeal, contending that the appellants failed to comply with Rule 50, Fed.Rules Civ.Proc. 28...

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