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DUNNING v. UNITED STATES

No. 17952.

353 F.2d 940 (1965)

Richard H. DUNNING and Beulah Marie Dunning, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 22, 1965.

Attorney(s) appearing for the Case

Richard H. Brown, of Hillix, Hall, Childers, Brown & Hoffhaus, Kansas City, Mo., made argument for appellants and filed brief with Albert F. Hillix, of Hillix, Hall, Childers, Brown & Hoffhaus, Kansas City, Mo.

Fred R. Becker, Atty., Tax Div., Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with John B. Jones, Jr., Acting Asst. Atty. Gen., and Meyer Rothwacks, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and MEREDITH, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by taxpayers, Richard H. Dunning and Beulah Marie Dunning, from final judgment of the District Court dismissing their suit to recover alleged overpayments of income tax for the years 1958, 1959 and 1960, in the respective amounts of $27.83, $26.15 and $29.78. Taxpayers owned stock during each of such years in the Missouri Public Service Company and received cash distributions in the amount of $511.20, $548.46...

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