CAMPBELL v. GUETERSLOH

No. 18531.

287 F.2d 878 (1961)

Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellant, v. M. F. GUETERSLOH, Emma Guetersloh, Chris D. Guetersloh, and Viola Guetersloh, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 25, 1961.


Attorney(s) appearing for the Case

William A. Friedlander, Atty., Dept. of Justice, Washington, D. C., W. B. West, III, U. S. Atty., Fort Worth, Tex., Lee A. Jackson and Richard B. Buhrman, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., W. E. Smith, Asst. U. S. Atty., Dallas, Tex., A. F. Prescott, Atty., Dept. of Justice, Washington, D. C., for appellant.

William S. Downard, Henry W. Strasburger, Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., for appellees.

Before TUTTLE, Chief Judge, and CAMERON and WISDOM, Circuit Judges.


TUTTLE, Chief Judge.

The District Director of Internal Revenue appeals from what appears to be an unprecedented permanent injunction restraining him from using a particular method of computing an alleged deficiency in income taxes.

The taxpayers, two brothers and their wives, complained in their suit for injunction that the Director was threatening to issue a statutory notice of deficiency, commonly known as a 90-day letter asserting deficiencies in their...

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