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EAVES v. UNITED STATES

No. 13-70.

433 F.2d 1296 (1970)

Mary Marie EAVES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 23, 1970.

Attorney(s) appearing for the Case

Kendall O. Schlenker, Albuquerque, N. M. (James M. Parker, Albuquerque, N. M., on the brief), for plaintiff-appellant.

Gary R. Allen, Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Thomas L. Stapleton, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendant-appellee.

Before JONES, BREITENSTEIN and HOLLOWAY, Circuit Judges.

JONES, Circuit Judge:

The appellant, Mary M. Eaves, is the wife of Joe Eaves. They reside in New Mexico, a community property state. The facts, so far as are material for our purposes, are thus stated in the findings of the district court:

"Stated simply, the facts reveal that plaintiff and her husband each filed separate returns for the years 1961 through 1964, 1966, and 1967. In 1965, they filed a joint return. In the years that separate returns were filed...

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