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BENDEROFF v. UNITED STATES

Nos. 18973-18976.

398 F.2d 132 (1968)

V. C. BENDEROFF and Katherine Benderoff, Appellants, v. UNITED STATES of America, Appellee. James C. BENDEROFF and Margaret Benderoff, Appellants, v. UNITED STATES of America, Appellee. Sherilynn Benderoff WIMMER, Appellant, v. UNITED STATES of America, Appellee. Julianne Benderoff REMINGTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 24, 1968.

Attorney(s) appearing for the Case

Allen Whitfield, of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, Iowa, for appellants; Gary Gately, was on the brief and reply brief.

Frank X. Grossi, Jr., Atty., Dept. of Justice, Washington, D. C., for appellee; Mitchell Rogovin, Asst. Atty. Gen., Washington, D. C., Attys. Lee A. Jackson and David O. Walter, Dept. of Justice, Washington, D. C., and James P. Rielly, U. S. Atty., Des Moines, Iowa, were on the brief.

Before VAN OOSTERHOUT, Chief Judge; BLACKMUN, Circuit Judge, and VAN PELT, District Judge.

VAN OOSTERHOUT, Chief Judge.

The common controlling issue in these four consolidated appeals from final judgment dismissing timely claims of taxpayers1 for refund of additional 1959 income taxes, penalty and interest paid, which are alleged to have been unlawfully assessed, is whether dividends distributed to taxpayers as shareholders of V. C. Benderoff Company, Inc., a Subchapter S Corporation...

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