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MERLIN v. SANDERS

No. 16351.

243 F.2d 821 (1957)

Libbie MERLIN, Appellant, v. P. K. SANDERS, Acting District Director of Internal Revenue and United States of America, Intervener, Appellees.

United States Court of Appeals Fifth Circuit.

May 3, 1957.

Attorney(s) appearing for the Case

L. Eugene McNatt, Atlanta, Ga., Cuba, Cuba & McNatt, Atlanta, Ga., of counsel, for appellant.

S. Dee Hanson, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., A. F. Prescott, Atty., Dept. of Justice, Washington, D. C., James W. Dorsey, U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., for appellees.

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

BORAH, Circuit Judge.

Other questions were involved and decided in the trial court, but the only issues presented by this appeal are restricted to that part of the trial court's judgment which allowed the United States as intervener to recover from plaintiff taxpayer the sum of $487.08 (plus statutory interest) which it had erroneously refunded to taxpayer on April 18, 1950.

The case was tried on stipulated facts, which for present purposes may be summarized...

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