Henry DAVID and wife, Grace David, Appellants,
v.
Robert L. PHINNEY, District Director of Internal Revenue, Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
July 21, 1965.
Rehearing Denied August 26, 1965.
Attorney(s) appearing for the Case
Charles J. Sullivan, Joe H. Reynolds, John M. Robinson, Houston, Tex., Bracewell, Reynolds & Patterson, Houston, Tex., of counsel, for appellant.
Jonathan S. Cohen, Atty., Dept. of Justice, John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., Woodrow B. Seals, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., for appellee.
Before RIVES and BROWN, Circuit Judges, and HANNAY, District Judge.
United States Court of Appeals Fifth Circuit.
RIVES, Circuit Judge:
The District Director of Internal Revenue made a deficiency assessment against the taxpayers1 for income taxes for the year 1956 in the sum of $49,566.99 plus interest. The taxpayers paid the amount of said assessment and, their claim for refund having been denied, filed this suit. The complaint alleged that "in February 1956, Mississippi River Fuel Corporation paid Henry David $629,226.75 for the 1,000 shares of...
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