UNITED STATES v. DISNEY

No. 22483.

413 F.2d 783 (1969)

UNITED STATES of America, Appellant, v. Roy O. DISNEY and Edna F. Disney, Appellees.

United States Court of Appeals Ninth Circuit.

June 19, 1969.


Attorney(s) appearing for the Case

Edward Lee Rogers (argued), Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Albert J. Beveridge, III, Attys., Dept. of Justice, Washington, D. C., of counsel, Wm. Matthew Byrne, Jr., U. S. Atty., Loyal E. Keir and Robert T. Jones, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Carl A. Stutsman, Jr. (argued), Albert L. Burford, Jr., Albert L. Burford, Jr., Jack R. White, of Hill, Farrer & Burrill, Los Angeles, Cal., for appellees.

Before HAMLEY, DUNIWAY and HUFSTEDLER, Circuit Judges.


HAMLEY, Circuit Judge:

The United States appeals from a district court judgment, reported at 267 F.Supp. 1, awarding the taxpayers, Roy and Edna Disney, husband and wife, a refund of overpayments of federal income taxes for the tax years 1962 and 1963. The asserted overpayments, amounting to $3,154.09, resulted from the refusal of the Commissioner to allow the taxpayers to exclude from gross income, or to deduct as ordinary and...

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