MALLARY v. UNITED STATES

Civ. A. No. 1991.

238 F.Supp. 87 (1965)

E. Y. MALLARY, Jr., and Mrs. Martha B. Mallary, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court M. D. Georgia, Macon Division.

January 14, 1965.


Attorney(s) appearing for the Case

Martin, Snow, Grant & Napier, Macon, Ga., for plaintiffs.

Floyd M. Buford, U. S. Atty., Wilbur D. Owens, Jr., Asst. U. S. Atty., Macon, Ga., and O. Jan Tyler, Atty., Dept. of Justice, Washington, D. C., for defendant.


ELLIOTT, District Judge.

This is an action seeking to recover income taxes paid by the Plaintiffs. The Court has jurisdiction under the provisions of Title 28 United States Code § 1346 and § 1402.

Plaintiffs timely filed their joint federal income tax returns for the calendar years 1958 and 1959 and paid the amount of tax shown to be due thereon. Thereafter, on examination, the Internal Revenue Service made an adjustment resulting in a deficiency...

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