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HENLEY v. UNITED STATES

No. 193-65.

396 F.2d 956 (1968)

Malcolm J. HENLEY and Mary K. Henley v. The UNITED STATES.

United States Court of Claims.

June 14, 1968.

Attorney(s) appearing for the Case

Allen E. Pye, Tyler, Tex., attorney of record for plaintiffs. J. Robert Dobbs, Jr., Tyler, Tex., of counsel.

Knox Bemis, Washington, D. C., with whom was Asst. Atty. Gen., Mitchell Rogovin, for defendant. Philip R. Miller, Washington, D. C., of counsel.

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

OPINION

SKELTON, Judge.

This is an income tax case involving a mineral interest in land in Texas.* The plaintiffs, who are a husband and wife residing in Tyler, Smith County, Texas, seek to recover the sum of $25,024.98 (plus interest) as a partial refund of the income tax which they paid for the calendar year 1961. (The plaintiff Mary K. Henley is a party to the action only because she signed a joint income tax return with her...

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