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FLORA v. UNITED STATES

No. 5502.

246 F.2d 929 (1957)

Walter W. FLORA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 1, 1957.

Attorney(s) appearing for the Case

A. G. McClintock, Cheyenne, Wyo., for appellant.

John N. Stull, Washington, D. C., (Charles K. Rice, Asst. Atty. Gen., A. F. Prescott and David O. Walter, Attorneys, Department of Justice, Washington, D. C., and John F. Raper, Jr., U. S. Atty., Cheyenne, Wyo., on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

By complaint filed in the United States District Court for the District of Wyoming, plaintiff Flora1 sought recovery of the sum of $5,058.54 paid to the government in partial satisfaction of a deficiency personal income tax assessment for the year 1950 in the amount of $27,251.13. Taxpayer alleged the deficiency to be erroneously assessed and the payment to be illegally collected because of

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