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JOHNSON v. UNITED STATES

No. 20125.

434 F.2d 340 (1970)

Perry JOHNSON and Adeline Johnson, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

November 12, 1970.

Attorney(s) appearing for the Case

Bennett N. Hollander, Atty., Dept. of Justice, Washington, D. C., for appellant.

Patrick R. Faltico, Kansas City, Mo., for appellees.

Before VAN OOSTERHOUT and BRIGHT, Circuit Judges, and NEVILLE, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the government from final judgment awarded taxpayers Perry Johnson and Adeline Johnson for $7,515.131 and interest based on a jury verdict in their action for refund of 1961 income tax alleged to have been erroneously assessed and paid. Claim for refund was made and denied. Jurisdiction is established.

The primary issue is whether under controlling law the record evidence is capable...

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