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STOREY v. UNITED STATES

No. 14665.

305 F.2d 733 (1962)

Barckley A. STOREY and Martha Storey, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 27, 1962.

Attorney(s) appearing for the Case

William R. Bagby, Lexington, Ky., for appellants.

Edward L. Rogers, Department of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, Harold M. Seidel, Attys., Dept. of Justice, Washington, D. C., Bernard T. Moynahan, Jr., U. S. Atty., Moss Noble, Asst. U. S. Atty., Lexington, Ky., on the brief), for appellee.

Before MILLER, Chief Judge, CECIL, Circuit Judge, and STARR, Senior District Judge.

STARR, Senior District Judge.

Plaintiffs appeal from a judgment dismissing their suit for refund of a deficiency income tax and interest alleged to have been erroneously assessed and collected for the year 1954. The case was heard and determined upon the following stipulation of facts filed in the district court:

"1. This suit is for the recovery of Federal income tax and interest for the calendar year 1954 and the basis of the jurisdiction of the Court is...

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