ALVAREZ v. UNITED STATES

No. 28789.

431 F.2d 1261 (1970)

Cesar E. ALVAREZ et ux., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 1, 1970.


Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Lavinia L. Reed, Asst. U. S. Atty., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, David E. Carmack, Elmer J. Kelsey, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellant.

Bernard L. Jaffee, Miami, Fla., Joe N. Unger, Miami Beach, Fla., for appellees.

Before JONES, WISDOM and COLEMAN, Circuit Judges.


JONES, Circuit Judge:

Cesar Alvarez and his wife, Ana, filed income tax returns for the years 1961, 1962 and 1963. In 1964 and 1966 they filed claims for refund, asserting over-payments for the taxable years 1962 and 1963 in the amounts of $65.00 and $416.00. The Commissioner of Internal Revenue disallowed the claims and this action was brought in the district court to recover the amounts paid. Ana Alvarez was a party to the suit and is a party here because, as the...

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