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BARHAM v. UNITED STATES

No. 7591.

256 F.2d 456 (1958)

T. A. BARHAM and Anne E. Barham, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 27, 1958.

Attorney(s) appearing for the Case

Eastwood D. Herbert, Norfolk, Va. (Herbert & Bohannon, Norfolk, Va., on brief), for appellant.

Mildred L. Seidman, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., Lester S. Parsons, Jr., U. S. Atty., and William F. Davis, Asst. U. S. Atty., Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.

THOMSEN, District Judge.

This is an appeal from a judgment dismissing a civil action brought by appellants to recover 1953 income taxes.

Taxpayers, husband and wife, are building contractors who purchase sites, construct dwellings thereon, and sell the completed homes. In 1953 they constructed a residence in Norfolk and sold it to H. L. Robinson under a contract which provided for the payment of $4,000 cash and was...

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