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GUNN v. UNITED STATES

No. 16496.

283 F.2d 358 (1960)

C. C. GUNN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 20, 1960.

Attorney(s) appearing for the Case

Owen C. Pearce, Fort Smith, Ark., Ralph W. Robinson, Van Buren, Ark., and Bethell & Pearce, Fort Smith, Ark., Owen C. Pearce, Fort Smith, Ark., on the brief, for appellant.

Harry Marselli, Attorney, Department of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Meyer Rothwacks, Robert N. Anderson and Lloyd J. Keno, Attorneys, Tax Division, Dept. of Justice, Washington, D. C., and Charles W. Atkinson, U. S. Atty., and Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., Harry Marselli, Washington, D. C., on the brief, for appellee.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and REGISTER, District Judge.

BLACKMUN, Circuit Judge.

This action is one instituted by the United States against C. C. Gunn, hereinafter called the taxpayer, to collect federal income taxes and penalties for the calendar years 1943 and 1944. The trial court granted the government's motion for summary judgment. United States v. Gunn, D.C.W.D.Ark., 182 F.Supp. 623. The taxpayer has appealed. At issue is the scope and effect of this court's 1957 opinion, reported...

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