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J. STRICKLAND & COMPANY v. UNITED STATES

No. 16225.

352 F.2d 1016 (1965)

J. STRICKLAND & COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 29, 1965.

Attorney(s) appearing for the Case

Robert Waxman, Dept. of Justice, Washington, D. C., (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Atty., Dept. of Justice, Washington, D. C., Thomas L. Robinson, U. S. Atty., Odell Horton, Jr., Asst. U. S. Atty., Memphis, Tenn., on the brief), for appellant.

John R. Stivers, Memphis, Tenn., (Taylor Malone, Jr., Memphis, Tenn., on the brief), for appellee.

Before WEICK, Chief Judge, and CONNELL and MACHROWICZ, District Judges.

WEICK, Chief Judge.

The Government has appealed from a judgment rendered against it by the District Court in the amount of $106,711.30, in an action to recover refund of income taxes alleged to have been erroneously assessed and collected for the tax years of 1956 through 1959.

The sole issue was whether an agreement entered into between taxpayer, J. Strickland & Company, and Newbro Manufacturing Company on October...

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