BOOKWALTER v. BRECKLEIN

No. 17897.

357 F.2d 78 (1966)

Edwin O. BOOKWALTER, Appellant, v. Joseph H. and Frances R. BRECKLEIN, Appellees.

United States Court of Appeals Eighth Circuit.

March 1, 1966.


Attorney(s) appearing for the Case

Harry Marselli, Attorney, Tax Division, Washington, D. C. Louis F. Oberdorfer, Asst. Atty. Gen., Tax Div., Lee A. Jackson, Harry Baum, and Robert A. Bernstein, Attorneys, Tax Division, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo., and William A. Kitchen, Asst. U. S. Atty., Kansas City, Mo., on the brief, for appellant.

Russell W. Baker, of Watson, Ess, Marshall & Enggas, Kansas City, Mo., George R. Haydon, Jr., of Watson, Ess, Marshall & Enggas, Kansas City, Mo., for appellees.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.


VOGEL, Circuit Judge.

The question in this case is whether the taxpayer,1 plaintiff-appellee herein, is entitled to refunds for tax deductions not previously taken by him in 1957, the taxable year involved, on the grounds that private letter rulings issued to other taxpayers in 1958 erroneously allowed such other taxpayers to take similar deductions. The said letter rulings were eventually revoked but were revoked prospectively rather...

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