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UNITED STATES v. GATES

Nos. 8618, 8619.

376 F.2d 65 (1967)

UNITED STATES of America, Appellant, v. Charles C. GATES, Jr., June S. Gates, Brown W. Cannon and Charla Gates Cannon, Appellees. UNITED STATES of America, Appellant, v. Brown W. CANNON and Charla Gates Cannon, Appellees.

United States Court of Appeals Tenth Circuit.

March 10, 1967.

Attorney(s) appearing for the Case

Solomon L. Warhaftig, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Richard C. Pugh, Acting Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney and Loring W. Post, Attys., Dept. of Justice, Lawrence M. Henry, U. S. Atty., and David I. Shedroff, Asst. U. S. Atty., of counsel, on the briefs), for the United States.

Dayton Denious, Denver, Colo., for appellees.

Before PHILLIPS and HICKEY, Circuit Judges, and BRATTON, District Judge.

ORIE L. PHILLIPS, Circuit Judge.

The United States, claiming that certain refunds of income tax had been made erroneously, by these actions sought to recover the amounts thereof, with interest. The actions were consolidated for trial and from an adverse consolidated judgment, the United States has appealed. The facts out of which the controversies arose are these:

The Gates Rubber Company1 is a Colorado corporation. On January...

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