BARUTHA v. UNITED STATES

No. 59-C-120.

197 F.Supp. 182 (1961)

Roman BARUTHA and Josephine Barutha, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

September 1, 1961.


Attorney(s) appearing for the Case

Sydney M. Eisenberg and Andrew F. Slaby, Milwaukee, Wis., for plaintiffs.

Louis F. Oberdorfer, Asst. Atty. Gen., Lyle M. Turner, Jerome Fink, and Bruno Lederer, Attys., Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Milwaukee, Wis., for defendant.


GRUBB, District Judge.

This is an action for refund of federal income taxes, penalties, and interest for the year 1948. Plaintiffs have assigned one-third of any recovery to their attorneys.

Plaintiffs did not file an income tax return for the year in suit. On August 3, 1950, a collector's return for the year 1948, based on a net worth determination of plaintiffs' taxable income, was filed by the Commissioner. The collector's return showed taxes due in the...

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