UNITED STATES v. FENIX AND SCISSON, INC.

No. 8135.

360 F.2d 260 (1966)

UNITED STATES of America, Appellant, v. FENIX AND SCISSON, INC., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 15, 1966.


Attorney(s) appearing for the Case

Robert A. Bernstein, Atty., Dept. of Justice (C. Moxley Featherston, Acting Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, Attys., Dept. of Justice, John M. Imel, Jr., U. S. Atty., and Sam E. Taylor, Asst. U. S. Atty., on the brief), for appellant.

J. Glenn Hahn, Kansas City, Mo., (Joseph A. Hoskins, Walter J. Kennedy and Hoskins, King, Springer & McGannon, Kansas City, Mo., on the brief), for appellee.

Before PICKETT, HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

Taxpayer corporation instituted this suit in the court below seeking a refund of $40,618.90 of income taxes paid for the fiscal year ending October 31, 1958. From a jury verdict based upon interrogatories, the trial court granted judgment for the taxpayer. The government's motion for judgment notwithstanding the verdict and alternatively for a new trial was denied and this appeal was taken.

While the complaint sought to reinstate several...

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