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STUBBS, OVERBECK & ASSOCIATES v. UNITED STATES

No. 30397.

445 F.2d 1142 (1971)

STUBBS, OVERBECK & ASSOCIATES, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 1971.

Attorney(s) appearing for the Case

Fred B. Ugast, Acting Asst. Atty. Gen., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, William M. Brown, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., Anthony J. P. Farris, U. S. Atty., James R. Gough, George R. Pain, Asst. U. S. Attys., Houston, Tex., William Massar, Atty., Dept. of Justice, Tax Div., Washington, D. C., for defendant-appellant.

Harold A. Chamberlain, Robert L. Waters, Houston, Tex., for plaintiff-appellee; Chamberlain, Hrdlicka, White & Waters, Houston, Tex., of counsel.

Before SKELTON, Judge, and MORGAN and CLARK, Circuit Judges.

SKELTON, Judge:

This is a suit for refund of withholding taxes paid by the plaintiff, Stubbs, Overbeck & Associates, Inc., for 1964, 1965, and 1966, in the total amount of One Thousand Seven Hundred Ten and 31/100 ($1,710.31) Dollars, plus interest. The United States of America as defendant has counterclaimed for Twenty-Nine Thousand Five Hundred Seventy-Eight and 09/100 ($29,578.09) Dollars, in additional withholding...

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