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UNITED STATES v. BURKET

No. 25897.

402 F.2d 426 (1968)

UNITED STATES of America, Appellant, v. Maude M. BURKET, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1968.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, David English Carmack, William A. Friedlander, Harris Weinstein, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellant. Robert L. Steuer, Asst. U. S. Atty., of counsel.

E. D. Treadwell, Jr., of Treadwell & Treadwell, Arcadia, Fla., George W. Ericksen, of MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellee.

Before TUTTLE, COLEMAN and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This appeal involves federal income taxes for the taxable year 1965 in the amount of $17,792.98. The taxpayer, Mrs. Maude M. Burket, instituted this refund action in the District Court on the premises that income which she received from sales of certain property was entitled to capital gains treatment. At the time of the filing of the action, the taxpayer filed a demand for the factual issues to be determined by a jury. The Government...

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