BERG v. UNITED STATES

Civ. A. No. 2640.

167 F.Supp. 756 (1958)

Vernon R. and Jessie E. BERG, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Wisconsin, Madison Division.

October 30, 1958.


Attorney(s) appearing for the Case

John Palmer Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., for plaintiffs.

David W. Richter, Tax Department, Andrew D. Sharpe, Chief, Trial Section, Tax Department, Washington, D. C., George E. Rapp, U. S. Atty., Madison, Wis., for defendant.


TEHAN, District Judge.

The plaintiffs herein, residents of Marshfield, Wisconsin, commenced this action for the recovery of income taxes and interest assessed and collected for the calendar year 1950 in the sum of $53,346.57. Concededly, jurisdiction is conferred upon this court by the provisions of Section 1346(a) (1), 28 U.S.C., as amended in July, 1954. The stipulation of facts filed herein reveals the existence of the following uncontroverted facts:

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