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BRANDON v. UNITED STATES

Civ. A. No. 1353.

204 F.Supp. 912 (1962)

J. G. BRANDON and Emily L. Brandon v. UNITED STATES of America.

United States District Court N. D. Georgia, Rome Division.

April 9, 1962.

Attorney(s) appearing for the Case

Malcom A. Brenner, Atlanta, Ga., for plaintiffs.

Charles Goodson, U. S. Atty., for the United States.

HOOPER, Chief Judge

In this action plaintiffs seek to recover from the Government an alleged overpayment of income taxes for the year 1953 in the amount of $1,988.32.

The facts in question are stipulated, being as follows:

Taxpayers in the calendar year 1952 had a net operating loss. For 1953 they had a taxable income on the basis of which they paid the correct tax in the sum of $1,988.32. They did not then

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