WITTENBERG v. UNITED STATES

No. 1-67 Civ. 294.

304 F.Supp. 744 (1969)

Pierce WITTENBERG and Mildred Wittenberg, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Minnesota, First Division.

October 13, 1969.


Attorney(s) appearing for the Case

Peterson & Challeen, Ltd., by Dennis A. Challeen, Winona, Minn., for plaintiffs.

Robert G. Renner, U. S. Atty., and Richard J. Sideman, Tax Division, Dept. of Justice, Washington, D. C., for defendant.


NEVILLE, District Judge.

The Internal Revenue Service assessed income tax 50% fraud penalties under Section 6653 of the internal revenue code of 1954 against the plaintiffs for the calendar years 1956 through 1959 in the total amount of $5,169.98. The plaintiffs paid the assessment and after their claims for refund were in due course denied the present suit followed.

At the trial the government introduced into evidence over plaintiffs' strenuous objection...

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