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QUAST v. UNITED STATES

No. 19636.

428 F.2d 750 (1970)

John E. QUAST and Nancy K. Quast, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

June 23, 1970.

Attorney(s) appearing for the Case

Albert A. Woodward, of Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, Minn., for appellants; Lawrence J. Hayes, St. Paul, Minn., on the brief.

Michael B. Arkin, Attorney, Department of Justice, Washington, D. C., for appellee; Johnnie M. Walters, Asst. Atty. Gen., and Lee A. Jackson and Jonathan S. Cohen, Attorneys, Department of Justice, Washington, D. C., and Patrick J. Foley, U. S. Atty., Minneapolis, Minn., on the brief.

Before MATTHES, BLACKMUN and BRIGHT, Circuit Judges.

MATTHES, Circuit Judge.

John E. Quast, a medical doctor and his wife, Nancy K. Quast, have appealed from the judgment of the district court dismissing their suit for a refund of Federal income taxes paid for the calendar year 1964. Mrs. Quast is a party only because she filed a joint tax return with her husband for 1964. Hereinafter, Dr. Quast will be referred to as the taxpayer.

The record reveals little, if any, dispute in the relevant facts. Judge Neville...

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