AMES v. UNITED STATES

Nos. 18764, 18765.

330 F.2d 770 (1964)

Winifred Paul AMES, Appellant, v. UNITED STATES of America, Appellee. Alfred PAUL, Jr., and Virginia Paul, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 13, 1964.


Attorney(s) appearing for the Case

William Lee McLane, Jr., Nola McLane, Phoenix, Ariz., and Thaddeus Rojek, Washington, D. C., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, and Michael Mulroney, Attys., Dept. of Justice, Washington, D. C., and Charles A. Muecke, U. S. Atty., Phoenix, Ariz., for appellee.

Before ORR, HAMLEY and BROWNING, Circuit Judges.


HAMLEY, Circuit Judge.

These are actions by taxpayers for the refund of federal income taxes alleged to have been erroneously paid for the taxable years 1954, 1955 and 1956. Judgments were entered awarding plaintiffs part of the refunds sought. They appeal.

During the years in question the taxpayers owned and operated the Paul Lime Plant, a partnership, at Paul Spur, Arizona. Their business was the quarrying and processing...

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