SANTOS v. UNITED STATES

No. 433-58.

277 F.2d 806 (1960)

Irmgard SANTOS v. UNITED STATES.

United States Court of Claims.

May 4, 1960.


Attorney(s) appearing for the Case

Robert Ash, Washington, D. C., Ash, Bauersfeld & Burton, Washington, D. C., on the brief, for plaintiff.

Eugene Emerson, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., James P. Garland and Philip R. Miller, Washington, D. C., on the brief, for defendant.


JONES, Chief Judge.

Plaintiff seeks to recover overpayments of income taxes for the years 1945 and 1946.

The plaintiff and Lawrence Santos were married in 1928 and were living together as husband and wife in Honolulu in 1945 and 1946. The record shows clearly that they had considerable income during those years from community property. However, according to the findings of the Tax Court they lived lavishly, had an $80,000 home and three late-model cars, and...

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