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PENN v. GLENN

No. 13719.

265 F.2d 911 (1959)

Oscar PENN, Frank Penn, and W. E. Penn, Appellants, v. Seldon R. GLENN, Former Collector of Internal Revenue, and William M. Gray, District Director of Internal Revenue, Appellees.

United States Court of Appeals Sixth Circuit.

April 28, 1959.

Attorney(s) appearing for the Case

Walter B. Smith, Louisville, Ky. (Edwin A. Schroering, Jr., Louisville, Ky., on the brief), for appellants.

George F. Lynch, Dept. of Justice, Washington, D. C. (Charles K. Rice, Lee A. Jackson, I. Henry Kutz and Carolyn R. Just, Washington, D. C., J. Leonard Walker and Charles M. Allen, Louisville, Ky., on the brief), for appellees.

Before McALLISTER and MILLER, Circuit Judges, and CHOATE, District Judge.

PER CURIAM.

Appellants brought this action to recover income tax deficiencies assessed against appellants and paid by them for the fiscal years ending the last day of February, 1947 and 1948. Judgment in favor of the taxpayers was reversed by this Court on a prior appeal. Glenn v. Penn, 6 Cir., 250 F.2d 507.

Appellants, who were growers of tobacco in Kentucky, delivered tobacco to...

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