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STELLOR v. UNITED STATES

No. 162-60.

287 F.2d 588 (1961)

Ben STELLOR and Sylvia Stellor v. UNITED STATES.

United States Court of Claims.

March 1, 1961.

Attorney(s) appearing for the Case

Melvin A. Coffee, Denver, Colo., for plaintiffs.

George Willi, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.

DURFEE, Judge.

This is a suit for the recovery of amounts collected pursuant to section 294 (d) (2) of the Internal Revenue Code of 19391 for the years 1950, 1951, and 1952. Plaintiffs, a husband and wife who filed joint returns, have also paid additional amounts assessed pursuant to section 294(d) (1) (A) of the Code2 for the same tax years.

The plaintiffs filed declarations of estimated tax for the...

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