PHIPPS v. UNITED STATES

No. 237-67.

414 F.2d 1366 (1969)

Ogden PHIPPS and Lillian B. Phipps v. The UNITED STATES.

United States Court of Claims.

July 16, 1969.


Attorney(s) appearing for the Case

Irving H. Bull, New York City, attorney of record, for plaintiffs. Kenneth L. MacCardle, Port Washington, N. Y., and Dunnington, Bartholow & Miller, New York City, of counsel.

Donald T. Fish, Washington, D. C., with whom was Asst. Atty. Gen., Johnnie M. Walters, for defendant. Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.


ON PLAINTIFFS' AND DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT

LARAMORE, Judge.

Plaintiffs, Ogden Phipps and Lillian B. Phipps, filed joint income tax returns for the calendar years 1957 and 1958. Deficiencies were assessed and paid.1 Plaintiffs filed timely claims for refund; the claims were disallowed, and this suit followed. The parties have agreed to a stipulation of facts. Plaintiffs...

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