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PICKREN v. UNITED STATES

No. 23514.

378 F.2d 595 (1967)

James H. PICKREN and Lucie B. Pickren, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 29, 1967.

Attorney(s) appearing for the Case

William R. Frazier, Jacksonville, Fla., for appellants.

Mitchell Rogovin, Richard M. Roberts, Act. Asst. Attys. Gen., Lee A. Jackson, Harry Baum, Howard J. Feldman, Attys., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee.

Before PHILLIPS, THORNBERRY and DYER, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge:

James H. Pickren and Lucie B. Pickren are husband and wife. Hereinafter, they will be referred to jointly as the Pickrens, and James H. Pickren will be referred to as Pickren.

The Pickrens brought this action to recover refunds of income taxes paid by them for the years 1959, 1960, and 1961. From an adverse judgment, they have appealed.

The facts are not in dispute and are as follows: On July 1, 1957, Pickren and S...

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