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HOSKINS v. UNITED STATES

Nos. 19811, 19812.

425 F.2d 1301 (1970)

R. C. HOSKINS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. R. C. HOSKINS, Plaintiff-Cross-Appellant, v. UNITED STATES of America, Defendant-Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

May 6, 1970.

Attorney(s) appearing for the Case

Daniel B. Rosenbaum, Atty., Dept. of Justice, Washington, D. C., for the United States; Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Attys., Dept. of Justice, Washington, D. C., on brief; John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., of counsel.

Anna F. Hinds and Harold B. Stone, Knoxville, Tenn., for R. C. Hoskins; Stone & Bozeman, Knoxville, Tenn., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and COMBS, Circuit Judges.

PER CURIAM.

This action was commenced by the taxpayer in the United States District Court for the Eastern District of Tennessee to recover amounts he paid the Government under a compromise tax agreement entered into pursuant to Section 7122 of the Internal Revenue Code of 1954, 26 U.S.C. § 7122 (1964). Federal jurisdiction was invoked pursuant to 28 U.S.C. § 1346(a) (1) (1964).

The District Court found that the taxpayer was entitled to a refund with...

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