TAXERAAS v. UNITED STATES

No. 16103.

269 F.2d 283 (1959)

Olaf E. TAXERAAS, Administrator of the Estate of Carl Taxeraas and Irene Taxeraas, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 30, 1959.


Attorney(s) appearing for the Case

Robert Vaaler, Grand Forks, N. D. (Day, Stokes, Vaaler & Gillig, Grand Forks, N. D., were with him on the brief) for appellants.

Marvin W. Weinstein, Attorney, Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty., Gen., Lee A. Jackson, Harry Baum and John J. Pajak, Attorneys, Department of Justice, Washington, D. C., Fallon Kelly, U. S. Atty., and Hyam Segell, Asst. U. S. Atty., St. Paul, Minn., were on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

Carl Taxeraas and his wife Irene instituted this action in the United States District Court, seeking a refund of income taxes for the years 1947, 1948 and 1949 in the total sum of $10,336.80 which they claim were erroneously paid on income which was not taxable to them. After the issues were joined, plaintiffs filed request for admissions pursuant to Rule 36 of the Federal Rules of Civil Procedure...

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