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FLETCHER v. UNITED STATES

No. 18107.

436 F.2d 413 (1971)

Samuel W. FLETCHER and Charlotte D. Fletcher, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied February 22, 1971.

Attorney(s) appearing for the Case

William C. Lee, U. S. Atty., Fort Wayne, Ind., Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Lee A. Jackson, William A. Friedlander, and John A. Townsend, Attys., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant; Alfred W. Moellering, U. S. Atty., of counsel.

John D. Shoaff, Shoaff, Keegan, Baird & Simon, Fort Wayne, Ind., for plaintiffs-appellees.

Before HASTINGS, Senior Circuit Judge and FAIRCHILD and KERNER, Circuit Judges.

PER CURIAM.

An action for the refund of federal income taxes paid for the years 1957 and 1958 was brought in the district court1 by Samuel W. Fletcher and Charlotte D. Fletcher, husband and wife,2 against the United States of America. Following a bench trial, the district court found for the taxpayer and judgment for refund was entered. Government appealed. We affirm.

Briefly stated, the action below...

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