SPEAR v. VINAL

Civ. No. 01468.

240 F.Supp. 33 (1965)

Lee O. SPEAR, Mrs. Lee O. Spear, Surviving Spouse of Wallace Spear, Deceased, Plaintiffs, v. Richard VINAL, District Director of Internal Revenue, Defendant.

United States District Court D. Nebraska.

April 5, 1965.


Attorney(s) appearing for the Case

Russell C. Anderson, Omaha, Neb., for plaintiffs.

Howard N. Singer, Dept. of Justice, Washington, D. C., and Russell J. Blumenthal, Asst. U. S. Atty., Omaha, Neb., for defendant.


ROBINSON, Chief Judge.

This is an action instituted by Mrs. Lee O. Spear, a resident of the State of Nebraska, to recover income taxes in the amount of $2,174.27 which allegedly were erroneously paid to and collected by Richard P. Vinal, District Director of Internal Revenue. Jurisdiction exists in this Court by reason of 28 U.S.C.A. § 1340.

The facts in this case are relatively simple and have been submitted on stipulation and two depositions. The taxpayer...

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