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ARMSTRONG v. UNITED STATES

No. 225-60.

354 F.2d 274 (1965)

O.K. ARMSTRONG and M.M. Armstrong v. The UNITED STATES.

United States Court of Claims.

December 17, 1965.

Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Washington, D. C., for plaintiffs. Miller & Chevalier, Washington, D. C., of counsel.

Philip R. Miller, Washington, D. C., with whom was Acting Asst. Atty. Gen. Richard M. Roberts, for defendant. C. Moxley Featherston, Lyle M. Turner, and Philip I. Brennan, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

PER CURIAM.

This income tax case, relating to the six years 1945 through 1950, was referred to Trial Commissioner W. Ney Evans with directions to make appropriate factual findings and to submit his recommendation for a conclusion of law. The commissioner has filed a report containing findings, an opinion, and a recommended legal conclusion. Exceptions have been taken, briefs filed, and oral argument had. The ultimate issues are: (1) whether, apart from the defense...

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