McGOWAN v. UNITED STATES

Civ. A. No. 10356-M.

195 F.Supp. 201 (1961)

Thomas J. McGOWAN, Trading and d/b/a Abeona Sightseeing Boats, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Florida, Miami Division.

April 11, 1961.


Attorney(s) appearing for the Case

David W. Palmer, Destin, Fla., for plaintiff.

E. Coleman Madsen, U. S. Atty., Miami, Fla., for defendant.


SWEENEY, District Judge.

The plaintiff, who is engaged in the sightseeing business at Fort Lauderdale, Florida, brings this suit under 28 U.S.C. § 1346 for refund of taxes paid pursuant to section 4261 of the Internal Revenue Code of 1954, 26 U.S.C.

The case was tried to the Court and at the close of the evidence the government moved for a judgment in its favor on the ground that the plaintiff has no standing...

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