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BRACKEEN v. UNITED STATES

Civ. A. No. 4-1190.

330 F.Supp. 68 (1971)

Howard Elzie BRACKEEN v. UNITED STATES of America.

United States District Court, N. D. Texas, Fort Worth Division.

June 10, 1971.

Attorney(s) appearing for the Case

Theodore Mack, Fort Worth, Tex., for plaintiff.

William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., Daniel Penner, Trial Atty., Dept. of Justice, Tax Department-Refund Section, Dallas, Tex., for the Government.

MEMORANDUM OPINION

BREWSTER, District Judge.

Plaintiff taxpayer, Howard Elzie Brackeen, seeks a refund of $299.62, assessed and collected as interest on federal withholding, unemployment and social security taxes. The case is submitted on stipulated facts. Plaintiff's right to recover hinges upon the answer to the following legal question: whether payment in full by a trustee in bankruptcy of a federal tax debt...

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