UNITED STATES v. EVANS

No. 21128.

375 F.2d 730 (1967)

UNITED STATES of America, Appellant, v. L. Mabel EVANS, Appellee.

United States Court of Appeals Ninth Circuit.

March 29, 1967.


Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Edward Lee Rogers, C. Moxley Featherston, Attys. Tax Division, Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Michael L. Morehouse, Asst. U. S. Atty., Portland, Or., for appellant.

Gerald J. Meindl, Robert Briggs, Portland, Or., for appellee.

Before CHAMBERS, BARNES and BROWNING, Circuit Judges.


BARNES, Circuit Judge.

Taxpayer-appellee Evans is a resident in Terwilliger Plaza, an apartment complex in Portland, Oregon. She properly filed her 1962 tax return and paid the tax due of $47.66. Maintaining that Terwilliger Plaza was a cooperative housing corporation within section 216(b) (1) of the Internal Revenue Code (26 U. S.C. § 216(b) (1)), she filed a claim for refund based on deductions for her proportionate share of the corporation's interest and taxes...

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