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VAN WAGONER v. UNITED STATES

No. 22890.

368 F.2d 95 (1966)

Paul H. VAN WAGONER and wife Muriel Van Wagoner and J. W. Walker and wife, Violet Walker, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 3, 1966.

Attorney(s) appearing for the Case

Donald G. Gay, Dallas, Tex., for appellants.

John B. Jones, Act. Asst. Atty. Gen., Dept. of Justice, Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Dallas, Tex., Harry Baum, Michael K. Cavanaugh, Harry Marselli, Attys., Dept. of Justice, Washington, D. C., Richard M. Roberts, Acting Asst. Atty. Gen., for appellee. Melvin M. Diggs, U. S. Atty., of counsel.

Before RIVES, THORNBERRY and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge.

Plaintiffs sued to recover refunds of federal income taxes paid for the period 1959 through 1961. The case was submitted to the court on an agreed stipulation of facts. The trial judge decided against the plaintiffs and they have appealed from an adverse decision.

Taxpayers were partners in a managing general insurance agency with offices in Dallas, Texas. They kept their individual records...

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