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JONES v. UNITED STATES

No. 9153.

387 F.2d 1004 (1967)

John Paul JONES and Ruth J. Rubel Jones, Appellants, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 2, 1968.

Attorney(s) appearing for the Case

Claude L. Rice, Kansas City, Kan., and Emmet A. Blaes, Wichita, Kan. (Thad E. Nugent, Kansas City, Kan., and James L. Baska, Olathe, Kan., with them on brief), for appellants.

Willy Nordwind, Jr., Washington, D. C. (Mitchell Rogovin, Lee A. Jackson and Gilbert E. Andrews, Washington, D. C., with him on brief), for appellee.

Before MURRAH, Chief Judge, and JONES and HILL, Circuit Judges.

MURRAH, Chief Judge.

This action to recover "erroneously" refunded federal income taxes was instituted by the United States under § 7405(b) of the Internal Revenue Code of 1954 against Ruth J. Rubel Jones and her husband John, appellants. The sole issue submitted to the jury was whether the income on which the subject taxes were paid was ordinary income or capital gains. This appeal is from a judgment on a jury verdict in favor of the United States. We affirm...

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