FERNANDEZ v. FAHS

Civ. No. 2655.

144 F.Supp. 630 (1956)

Jobino FERNANDEZ and Gloria A. Fernandez, Plaintiff, v. John L. FAHS, formerly Collector of Internal Revenue for the District of Florida, Defendant.

United States District Court S. D. Florida, Tampa Division.

March 15, 1956.


Attorney(s) appearing for the Case

Michel G. Emmanuel of Mabry, Reaves, Carlton, Fields & Ward, Tampa, Fla., for plaintiffs.

Frank J. Muscarella, Jr., and Richard Kelly, Asst. U. S. Attys., Tampa, Fla., for defendant.


WHITEHURST, District Judge.

I. The Pleadings.

Action brought by Jobino Fernandez and Gloria A. Fernandez as Plaintiffs v. John L. Fahs, formerly Collector of Internal Revenue for the District of Florida to recover income taxes alleged to have been erroneously and illegally collected from plaintiffs by defendant.

Plaintiffs allege in their complaint that during the calendar year 1948 they received a new automobile as a prize while attending a baseball...

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