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UNITED STATES v. GENERES

No. 25713.

427 F.2d 279 (1970)

UNITED STATES of America, Appellant, v. Edna GENERES, Wife of, and Allen H. Generes, Appellees.

United States Court of Appeals, Fifth Circuit.

May 25, 1970.

Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, William A. Friedlander, Stephen H. Paley, Richard C. Pugh, Attys., Dept. of Justice Tax Div., Washington, D. C., Louis C. LaCour, U. S. Atty., Joan Elaine Chauvin, Asst. U. S. Atty., New Orleans, La., for appellant.

Max Nathan, Jr., New Orleans, La., for appellees.

Before AINSWORTH and SIMPSON, Circuit Judges, and SINGLETON, District Judge.

AINSWORTH, Circuit Judge:

By this appeal the United States brings here for review a jury verdict and judgment below for the taxpayer1 in an income tax refund suit. Taxpayer, in the early 1940's, entered into a partnership engaged in the construction business in New Orleans, Louisiana, with his son-in-law, William F. Kelly, who had already established the business. Taxpayer and Mr. Kelly were equal partners in this operation.

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