TOMLINSON v. MILES

No. 19323.

316 F.2d 710 (1963)

Laurie W. TOMLINSON, District Director of Internal Revenue for the District of Florida, Appellant, v. W. M. MILES and Edith P. Miles, his wife, H. E. Pontius and Lovina B. Pontius, his wife, and Ralph A. Marsicano and Marie B. Marsicano, his wife, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 27, 1963.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Alec A. Pandaleon, Lee A. Jackson, Robert N. Anderson, Bernard J. Schoneberg, Attys., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Miami, Fla., Don M. Stichter, Asst. U. S. Atty., Tampa, Fla., for appellant.

George W. Ericksen, Chester H. Ferguson, Tampa, Fla., Stanley W. Rosenkranz, of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellees.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal by the District Director of Internal Revenue from an adverse judgment which permitted the appellee-taxpayers to recover taxes which they had paid as transferees of their corporation, Milspinmar Corporation. The action, therefore, deals with the question whether the corporation was subject to the income taxes representing the gain on the sales of property for the years 1950, 51, 52 and 53.

The facts are not essentially...

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