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CALVIN v. UNITED STATES

No. 8141.

354 F.2d 202 (1965)

Asa E. CALVIN and Lois Calvin, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 30, 1965.

Attorney(s) appearing for the Case

Kenneth L. Smith, Denver, Colo., for appellants.

J. Edward Shillinburg, Atty., Dept. of Justice, John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Anthony Zell Roisman, Attys., Dept. of Justice, and Lawrence M. Henry, U. S. Atty., on the brief, for appellee.

Before PICKETT, LEWIS and HILL, Circuit Judges.

HILL, Circuit Judge.

This is an action to recover personal income taxes paid for the year 1959. The facts are undisputed. Appellants, Asa E. and Lois Calvin were married in December of 1959. Originally for the taxable year 1959, they each filed a separate return. The husband, Asa E. Calvin, in his separate return for 1959 reported adjusted gross income of $8,044.19 and income tax liability of $1,547.19 and withholding tax of $1,933.99, claiming an overpayment of ...

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