BURGHER v. CAMPBELL

No. 16209.

244 F.2d 863 (1957)

Ballard BURGHER and wife, Grace Dexter Burgher, Appellants, v. Ellis CAMPBELL, Jr., Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

June 10, 1957.


Attorney(s) appearing for the Case

Webster Atwell, Walton Grayson, III, Dallas, Tex., for appellant.

Meyer Rothwacks, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C. Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, John C. Ford, Asst. U. S. Atty., Dallas, Tex., I. Henry Kutz, L. W. Post, Attys., Dept. of Justice, Washington, D. C., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for respondent.

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


TUTTLE, Circuit Judge.

In this appeal from a judgment of the trial court sitting without a jury denying part of appellants' claim for refund for illegal collection of income taxes the question is whether the trial court's finding against the taxpayers was clearly erroneous.

In 55 separate findings of fact the trial court separated into two categories the lands sold by the taxpayers during the years in controversy. The findings that part of the land was held...

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