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DAVIS v. UNITED STATES

No. 6298.

282 F.2d 623 (1960)

James DAVIS, Jr. and Merie Davis, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 7, 1960.

Attorney(s) appearing for the Case

Roger S. Randolph, Tulsa, Okl. (Lester L. Morris and Ferd E. Evans, Jr., Wichita, Kan., were with him on the briefs) for appellants.

Joseph Kovner, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harold M. Seidel, Attys., Dept. of Justice, Washington, D. C., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and George E. Peabody, Asst, U. S. Atty., Wichita, Kan., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal by James Davis, Jr. and Merie Davis, his wife, from a judgment denying their claim for refund of income tax paid by them for the calendar year 1953.

James Davis, Sr., father of James, Jr., died on June 19, 1952. His last will and testament was admitted to probate July 15, 1952, by the Probate Court of Sedgwick County, Kansas. On that date the taxpayer was appointed executor, duly qualified as such, and has since continued...

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