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THOMPSON v. UNITED STATES

No. 27994.

430 F.2d 388 (1970)

Ina Belle THOMPSON and B. D. White, Administrators of the Estate of I. W. Thompson, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 15, 1970.

Attorney(s) appearing for the Case

Eldon B. Mahon, U. S. Atty., Fort Worth, Tex., R. Brooks Hardee, U. S. Atty., John Robert Adamson, Asst. U. S. Atty., of counsel, Tyler Tex., John O. Jones, Atty., Tax. Div. Dept. of Justice, Forth Worth, Tex., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Jonathan S. Cohen, David E. Carmack, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Allen E. Pye, J. Robert Dobbs, Jr., Tyler, Tex., for plaintiffs-appellees.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge.

In this income tax refund suit, the estates of I. W. Thompson and Charlie Thompson, his wife, sought refund of federal income taxes for the years 1957 and 1958 in the amount of $47,967. In defending, the United States asserted a counterclaim for federal income taxes for the same years in the amount of $43,544.62 against the "Select Minority Trust", established by and having as its sole trustee, I. W. Thompson.

The district court, sitting...

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