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PLANKINTON v. UNITED STATES

No. 12535.

267 F.2d 278 (1959)

William Woods PLANKINTON, Plaintiff-Appellee v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 1, 1959.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., George W. Beatty, Lee A. Jackson, I. Henry Kutz, Attys., Department of Justice, Washington, D. C., Francis L. McElligott, Asst. U. S. Atty., Edward G. Minor, U. S. Atty., Milwaukee, Wis., for appellant.

Brooke Tibbs, Howard H. Boyle, Jr., Milwaukee, Wis., for appellee.

Before SCHNACKENBERG, PARKINSON and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This is an action upon a claim for refund of income tax overpayments. William Woods Plankinton, plaintiff-appellee, recovered judgment in the District Court against the United States of America in the amount of $3,447.73 for the year 1949 and $18,041.56 for the year 1950, plus interest, subject to a set-off of $305.14. The Government appealed. The parties will be referred to as taxpayer and Government.

The facts were stipulated. The...

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