GRIFFITH v. UNITED STATES

Civ. No. 4274.

180 F.Supp. 454 (1960)

I. B. GRIFFITH, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Wyoming.

January 27, 1960.


Attorney(s) appearing for the Case

Loomis, Lazear & Wilson, Cheyenne, Wyo., and Holland & Hart, Denver, Colo., for plaintiff.

John F. Raper, Jr., U. S. Atty., Cheyenne, Wyo., and John J. Kilgariff, Atty., Dept. of Justice, Washington, D. C., for defendant.


KERR, District Judge.

I. B. Griffith, the taxpayer, brings this action pursuant to the provisions of 28 U.S.C.A. § 1346(a), to recover income taxes in the amount of $3,913.50, plus interest, which he alleges were erroneously assessed and collected for the years 1954 and 1955.

The action presents two questions for decision, viz.: (1) Were the amounts received by taxpayer in 1954-1955 in payment for bentonite mined from his property pursuant to four written...

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