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HARDIN v. UNITED STATES

Nos. 71-1049, 71-1405, 71-1406 Summary Calendar.

461 F.2d 865 (1972)

Phillip B. HARDIN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. HARDIN'S BAKERIES CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee (two cases).

United States Court of Appeals, Fifth Circuit.

June 7, 1972.

Attorney(s) appearing for the Case

Robert E. Hauberg, U.S. Atty., Jackson, Miss., Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Atty., Tax Div., Dept. of Justice, Washington, D.C., Leonard J. Henzke, Jr., Harry Baum, Gary R. Allen, Attys., Tax Division, Department of Justice, Washington, D.C., for the United States.

James P. Knight, Jr., Jackson, Miss., Roland J. Mestayer, Jr., Ward, Mestayer & Knight, Pascagoula, Miss., for Hardin and others.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this consolidated appeal of three Federal income tax refund suits the score thus far stands 2-1 in favor of the Government. The opposing line-up consists of Phillip B. Hardin (Taxpayer) and two of his wholly owned corporations manufacturing bread and other bakery products in Mississippi.1 Both corporations were thrown out in a double play when the District Court...

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