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CARLTON v. UNITED STATES

No. 23955.

385 F.2d 238 (1967)

June Pinson CARLTON and Charles T. Carlton, as Administrators of the Estate of Thad H. Carlton, and June Carlton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 28, 1967.

Attorney(s) appearing for the Case

Robert O. Rogers, West Palm Beach, Fla., for appellants.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Donald W. Williamson, Jr., Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., for appellee.

Before GEWIN and AINSWORTH, Circuit Judges, and LYNNE, District Judge.

GEWIN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of Florida denying the claim of the appellants for a refund of income taxes and interest paid after a deficiency was assessed by the Internal Revenue Service for the tax year 1959. In their joint return for 1959, the appellants1 did not recognize the gain realized on the transfer of several parcels of real property but...

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