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SULLIVAN v. UNITED STATES

No. 18147.

363 F.2d 724 (1966)

William J. SULLIVAN and Georgia K. Sullivan, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 15, 1966.

Renewed Petition for Rehearing Denied October 31, 1966.

Attorney(s) appearing for the Case

Claude R. Sanders, Kansas City, Mo., for appellants; Harry A. Morris, Kansas City, Mo., on the brief.

Edward L. Rogers, Attorney, Tax Division, Dept. of Justice, Washington, D. C., for appellee; Richard M. Roberts, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Lee A. Jackson, Melva M. Graney and William Friedlander, Attorneys, Tax Div., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo., on the brief.

Before VOGEL, Chief Judge, BLACKMUN, Circuit Judge, and STEPHENSON, District Judge.

Renewed Petition for Rehearing and for Consideration thereof by Court En Banc Denied October 31, 1966.

STEPHENSON, District Judge.

This is an appeal by the taxpayer1 from the District Court's judgment (Sullivan v. United States, 244 F.Supp. 605 (W.D.Mo.1965)) denying recovery for that portion of his 1956 income taxes alleged to have been assessed and collected wrongfully. The taxpayer made...

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