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UNITED STATES v. MILLS

No. 25439.

399 F.2d 944 (1968)

UNITED STATES of America, Appellant, v. John A. MILLS, Jr. and Evelyn H. Mills, Appellees.

United States Court of Appeals Fifth Circuit.

August 2, 1968.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., Donald H. Fraser, U. S. Atty., Savannah, Ga., W. Reeves Lewis, Asst. U. S. Atty., Richard C. Pugh, Acting Asst. Atty. Gen., for appellant.

Thomas H. Adams, Julian Friedman, Adams, Adams & Brennan, Savannah, Ga., for appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

In this taxpayer's1 suit for refund of income taxes paid for the year 1959, the verdict of the jury was in his favor. The District Judge denied motions by the United States for judgment notwithstanding the verdict and, alternatively, for a new trial, and the Government has appealed.

Taxpayer Mills, a retired banker, on December 16, 1958, formed a corporation under the law of Georgia known as John Mills...

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