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DUDLEY v. UNITED STATES

No. 22926.

428 F.2d 1196 (1970)

Robert G. DUDLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 12, 1970.

Attorney(s) appearing for the Case

Francis Heisler (argued), Heisler & Stewart, Carmel, Cal., for appellant.

Stephen H. Hutzelman (argued), Johhnie Walters, Tax Division, Mitchell Rogovin, Lee A. Jackson, Elmer J. Kelsey, Dept. of Justice, Washington, D. C., James R. Browning, Jr., U. S. Atty., Barbara Ashley Phillips, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, KILKENNY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

This is an appeal from a judgment of the District Court denying appellant's claim for refund of tax in the amount of $3734.24 collected from him by the Internal Revenue Service pursuant to 26 U.S.C. § 66721 and granting the United States' counterclaim in the amount of $9258.37 representing the difference between the amount of tax assessed against appellant and the amount...

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