LEVIN, District Judge.
This is an action by plaintiffs, Charles F. Warrick and Mabel B. Warrick, his wife, to secure a tax refund for the year 1954. Defendant, United States of America, not only denies plaintiffs' right to a refund but filed a counterclaim based on a deficiency assessment. The counterclaim is not contested by the plaintiffs.
The questions presented are whether plaintiff, Charles F. Warrick, hereinafter referred to as the taxpayer, as the sole...
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