UNITED STATES v. MILLS

No. 8739.

372 F.2d 693 (1966)

UNITED STATES of America, Appellant, v. Nell MILLS, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 22, 1967.


Attorney(s) appearing for the Case

Martin T. Goldblum, Attorney, Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attorneys, Dept. of Justice, on the brief), for appellant.

Jay W. Whitney, Tulsa, Okl. (Robert E. Jones, Tulsa, Okl., on the brief), for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and KERR, District Judge.


HILL, Circuit Judge.

The government has appealed from a summary judgment rendered against it in an action brought to recover income taxes alleged to have been illegally assessed and collected.

Appellee here, who was the plaintiff below, was divorced from her husband on August 24, 1959. Prior to the divorce, and in contemplation of the husband filing such an action, appellee and her husband entered into an agreement, whereby the husband agreed to pay the total...

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