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HOWARD v. UNITED STATES

No. 459.

161 F.Supp. 527 (1958)

J. W. HOWARD and Florence Howard, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Kentucky, Pikeville Division.

February 24, 1958.

Attorney(s) appearing for the Case

Bert T. Combs, Howard & Francis, Prestonsburg, Ky., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, John J. McCarthy, Jr., Attys., Dept. of Justice, Washington, D. C., Henry J. Cook, U. S. Atty., John M. Kelly, Asst. U. S. Atty., Lexington, Ky., for defendant.

SWINFORD, District Judge.

The plaintiffs bring this action to recover federal income taxes paid for the calendar year 1950. The plaintiffs are man and wife who have filed joint income tax returns but the determination of the case rests solely upon matters involving the plaintiff, J. W. Howard, and he alone will be referred to throughout this opinion as taxpayer.

Taxpayer is an attorney at law in the State of Kentucky. On May 1, 1926, he was employed by the...

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