UNITED STATES v. LANGSTON

No. 19115.

308 F.2d 729 (1962)

UNITED STATES of America, Appellant, v. Shelby LANGSTON, Appellee.

United States Court of Appeals Fifth Circuit.

October 10, 1962.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Miami, Fla., Joseph Kovner, Atty., Dept. of Justice, John B. Jones, Acting Asst. Atty. Gen., I. Henry Kutz, John A. Bailey, Attys., Dept. of Justice, Washington, D. C., Lavinia L. Redd, Asst. U. S. Atty., for appellant.

Robert Paul, George H. Salley, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.


TUTTLE, Chief Judge.

The United States appeals from a judgment entered by the district court without a jury granting the appellee a refund of federal income taxes. The sole issue before the trial court, and thus the sole issue before us, is whether when there is a flat sale of bonds together with accrued interest thereon, which interest accrued after the seller acquired the bonds, that part of the flat sale price which is attributable to such accrued interest must...

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