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BROWN v. UNITED STATES

No. 125-65.

391 F.2d 653 (1968)

Arthur J. BROWN and Frieda G. Brown v. The UNITED STATES.

United States Court of Claims.

March 15, 1968.

Attorney(s) appearing for the Case

Joel N. Simon, Washington, D. C., attorney of record, for plaintiffs. Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., and Joseph H. Crown, New York City, of counsel.

E. Alan Moorhouse, Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Philip R. Miller, Wahington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

SKELTON, Judge.

This is a suit for a refund of income tax and interest totaling $36,600.41 paid by the plaintiffs, Arthur J. Brown and Frieda G. Brown, for the year 1955.

On May 17, 1967, the plaintiffs filed their motion for summary judgment presenting the following issue for disposition by this court.

Whether section 7503 of the Internal Revenue Code of 19541 which...

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