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GILMORE v. UNITED STATES

No. 374-58.

290 F.2d 942 (1961)

Don GILMORE and Sue Gilmore v. UNITED STATES.

United States Court of Claims.

June 7, 1961.

Attorney(s) appearing for the Case

Eli Freed, San Francisco, Cal., for plaintiffs.

Benjamin H. Pester, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., on the brief.

LARAMORE, Judge.

This is a suit to recover the alleged overpayments of income tax, plus interest accrued, for the taxable years 1953, 1954, and 1955. The defendant counterclaims for the years 1953 and 1954.

Plaintiff1 is the owner of 100 percent of the shares issued and outstanding of a corporation named Don Gilmore — San Francisco. He is also the owner of 60 percent of the issued and outstanding stock of a second corporation...

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