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JOHNSON v. UNITED STATES

No. 17146.

256 F.2d 849 (1958)

Gerald JOHNSON, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. Gerald JOHNSON, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 9, 1958.

Attorney(s) appearing for the Case

Robert J. Hobby, Wentworth T. Durant, Dallas, Tex. (Durant & Hobby, Dallas, Tex., on the brief), for Gerald Johnson.

Sheldon I. Fink, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, S. Dee Hanson, Robert N. Anderson, Dept. of Justice, Washington, D. C., John C. Ford, Asst. U. S. Atty., Dallas, Tex. (Heard L. Floore, Fort Worth, Tex., U. S. Atty., on the brief), for the United States.

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

PER CURIAM.

Plaintiff, taxpayer, brought this suit to recover sums overpaid as taxes and fraud penalties for the years 1941, 1942, and 1943, aggregating $98,970.33.

The United States, in addition to opposing defenses to the suit, filed a counterclaim for deficiencies in income taxes for the years 1944, 1945, and 1946, assessed against the plaintiff on March 21, 1952, aggregating $55,155.90, and plaintiff replied thereto.

Thereafter the issues thus...

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