HABERMAN FARMS, INC. v. UNITED STATES

Nos. 16760-16762.

305 F.2d 787 (1962)

HABERMAN FARMS, INC., Appellant, v. UNITED STATES of America, Appellee. George HABERMAN and Fannie H. Haberman, Appellants, v. UNITED STATES of America, Appellee. Rex HABERMAN and Phyllis Haberman, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 16, 1962.


Attorney(s) appearing for the Case

Flavel A. Wright, of Cline, Williams, Wright, Johnson, Oldfather & Thompson, and Flavel A. Wright, Lincoln, Neb., for appellants.

Harold C. Wilkenfeld, Tax Division, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., Lee A. Jackson, Harry Baum, Norman H. Wolfe, Attorneys, Dept. of Justice, Washington, D. C., Theodore Richling, U. S. Atty., Omaha, Neb., and Bernard Sprague, Asst. U. S. Atty., on the brief, for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


BLACKMUN, Circuit Judge.

These three cases, consolidated for trial, concern the propriety of the Internal Revenue Service's allocation of income of a corporation to the plaintiff taxpayers. The resulting income tax deficiencies were paid. By these actions the taxpayers now seek to recover those payments.

The individuals involved in the controversy are George Haberman, his son Rex, their respective wives who filed joint returns with them, and George's son Hubert...

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