MAJOR, Circuit Judge.
Arnold J. Werner (hereinafter referred to as the taxpayer) and his wife, Lucille Werner, commenced this action to recover an alleged overpayment of income tax for the calendar year 1948. After hearing, the district court, on July 1, 1958, entered judgment against plaintiffs and directed dismissal of their complaint. From this order plaintiffs appeal.
The sole issue is whether plaintiffs are entitled to have their tax liability for the...
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