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PITT v. UNITED STATES

No. 17256.

319 F.2d 564 (1963)

Fred D. PITT and E. H. McVey, Trustees of the Estate of William P. Pitt, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 26, 1963.

Attorney(s) appearing for the Case

William E. Kemp, Kansas City, Mo., for appellant; Thomas J. Wheatley, Kansas City, Mo., on the brief.

Harry Marselli, Atty., Dept. of Justice, Washington, D. C., for appellee; Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Giora Ben-Horin, Attys., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo., and Calvin K. Hamilton, Asst. U. S. Atty., Kansas City, Mo., on the brief.

Before JOHNSEN, Chief Judge, MATTHES, Circuit Judge, and GIBSON, District Judge.

MATTHES, Circuit Judge.

In this action, instituted under Title 28 U.S.C.A. §§ 1340 and 1346(a) (1), appellants (plaintiffs below) seek a refund of income taxes alleged to have been illegally assessed and collected from them for the years 1954 and 1955. The trial court found for the government, Pitt v. United States, W.D.Mo., 209 F.Supp. 624 (1962), and this appeal follows.

The controversy brings into issue the...

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