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MARTIN v. UNITED STATES

No. 19264.

411 F.2d 1164 (1969)

James V. MARTIN and Frieda L. Martin, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 16, 1969.

Attorney(s) appearing for the Case

Earle J. Niederluecke, St. Louis, Mo., for appellants and filed brief.

Frank X. Grossi, Jr., Atty., Dept. of Justice, Washington, D. C., for appellee; Mitchell Rogovin, Asst. Atty. Gen., and Lee A. Jackson and Harry Baum, Attys., Washington, D. C., and Veryl L. Riddle, U. S. Atty., and James M. Gordon, Asst. U. S. Atty., St. Louis, Mo., were on the brief with Mr. Grossi.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and HEANEY, Circuit Judges.

MEHAFFY, Circuit Judge.

The Government brought this action against the taxpayers, James V. Martin and Frieda L. Martin, husband and wife, for the recovery of federal income taxes assessed for the calendar years 1951 through 1954, and against the taxpayer-husband for unpaid withholding taxes for portions of the years 1956 and 1957.

During the calendar years 1951 through 1954, taxpayer-husband was a member of a partnership, Rinaldo Tailors, from which he received...

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