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UNITED STATES v. DANEY

No. 8687.

370 F.2d 791 (1966)

UNITED STATES of America, Appellant, v. Joseph DANEY and Bertha Daney, Appellees.

United States Court of Appeals Tenth Circuit.

December 27, 1966.

Attorney(s) appearing for the Case

Jack S. Levin, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Meyer Rothwacks, Melva M. Graney, and Thomas L. Stapleton, Attorneys, Department of Justice, on the brief), for appellant.

John Claro and Bert Barefoot, Jr., of Barefoot, Moler, Bohanon & Barth, Oklahoma City, Okl., for appellees.

Before PICKETT and HILL, Circuit Judges, and CHILSON, District Judge.

HILL, Circuit Judge.

Appellees, in the court below, sued to recover $18,114.89 as a refund of income tax they alleged the government had illegally and erroneously collected from them. The District Court gave judgment to appellees and the government takes this appeal.

Up to and including the year 1958, Joseph Daney1 was a non-competent, restricted full-blood Choctaw Indian. In 1903 he had been allotted 120 acres of land in the Choctaw...

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