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UNITED STATES v. HENDERSON

No. 22152.

375 F.2d 36 (1967)

UNITED STATES of America, Appellant, v. Simon W. HENDERSON, Jr., Independent Executor for the Estate of Louise R. Henderson, Deceased, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 13, 1967.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., William W. Justice, U. S. Atty., Tyler, Tex., Harry Baum, Solomon Warhaftig, Attys., Dept. of Justice, Richard M. Roberts, Acting Asst. Atty. Gen., Washington, D. C., for appellant, Richard B. Hardee, Asst. U. S. Atty., of counsel.

Wright Matthews, Robert K. Sands, Dallas, Tex., for appellee.

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

JOHNSON, District Judge:

This is an appeal by the United States from an adverse judgment in an action brought against it by Louise R. Henderson1 for refund of income taxes and interest in the amount of $300,144.99 for the taxable years 1953 through 1959.

Sometime in 1953, Simon Henderson, Jr., who exercised a power of attorney for taxpayer during the period in question, decided to help taxpayer's grandson-in-law (and Henderson...

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