William J. CHERNOFF et al., Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant-Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
June 19, 1969.
Rehearing Denied July 14, 1969.
Attorney(s) appearing for the Case
Wilford W. Naman, Donald J. Baker, of Naman, Howell, Smith & Chase, Waco, Tex., for appellants.
Johnnie M. Walters, Asst. Atty. Gen., Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, John S. Stephan, Attys., Dept. of Justice, Washington, D. C., Ernest Morgan, U. S. Atty., Ted Butler, Asst. U. S. Atty., San Antonio, Tex., Mitchell Rogovin, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for appellee.
Before WISDOM and DYER, Circuit Judges, and KRENTZMAN, District Judge.
United States Court of Appeals Fifth Circuit.
DYER, Circuit Judge:
The taxpayers1 appeal their suit to recover federal income taxes paid under protest resulting from deficiencies assessed for the years 1962-64, contending that the assessed amounts, a portion of the profits from the operation of two Texas optometry offices purchased by the taxpayers, should be excluded from their gross income because they were subsequently paid to the vendor of the optometry businesses pursuant to...
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