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NEILL v. PHINNEY

No. 16532.

245 F.2d 645 (1957)

James P. NEILL et al., Appellants, v. Robert L. PHINNEY, District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

June 10, 1957.

Attorney(s) appearing for the Case

Edward L. Wilson, W. C. Gowan, Carrington, Gowan, Johnson, Bromberg & Leeds, Dallas, Tex., for appellants.

Marvin W. Weinstein, Ellis N. Slack, Robert N. Anderson, Grant W. Wiprud, Lee A. Jackson, Attys., Dept. of Justice, Charles K. Rice, Asst. Atty. Gen., Washington, D. C., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

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

John R. BROWN, Circuit Judge.

Appellants, starting with the truism that nothing is certain save death and taxes, seek to hasten the former to reduce the latter. For seizing upon that considerable body of law1 delivered by us and others when the shoe was generally on the other foot, they insist that the rule is the rule whosoever's ox is being gored. With that approach, if not in their proposed...

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