GIBBS v. TOMLINSON

No. 22048.

362 F.2d 394 (1966)

George W. GIBBS and Kathleen I. Gibbs, Appellants, v. Laurie W. TOMLINSON, District Director of Internal Revenue for the District of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

June 14, 1966.


Attorney(s) appearing for the Case

Chester Bedell, C. Harris Dittmar, William T. Rogers, Thomas C. O'Bannon, Jacksonville, Fla., for appellants, Donahoo & Rogers, Bedell, Bedell, Dittmar & Smith, Jacksonville, Fla., of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., James H. Walsh, Asst. U. S. Atty., Jacksonville, Fla., Melva M. Graney, Donald W. Williamson, Jr., Attys., Dept. of Justice, Washington, D. C., John B. Jones, Jr., Acting Asst. Atty. Gen., Meyer Rothwacks, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before JONES and BELL, Circuit Judges, and JOHNSON, District Judge.


GRIFFIN B. BELL, Circuit Judge:

The District Director of the Internal Revenue Service assessed additional taxes, penalties, interest, and lien filing fees against George W. Gibbs, Sr., and Kathleen I. Gibbs1 on their 1960 income tax return. Appellants paid these sums and sued for a refund in the District Court. Following an adverse determination by the trial judge, appellants appealed.

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