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EMORY v. UNITED STATES

Civ. A. No. 7907.

374 F.Supp. 1051 (1972)

Charles M. EMORY, Jr., and Johnnie K. Emory v. UNITED STATES of America.

United States District Court, E. D. Tennessee, N. D.

December 12, 1972.

Attorney(s) appearing for the Case

Perry Shields, Knoxville, Tenn., for plaintiffs.

John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., John F. Murray, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This action was instituted to recover federal income taxes and interest paid by plaintiffs. 28 U.S.C. § 1346(a)(1).

Charles M. Emory, Jr., and David E. Richards, deceased, operated a construction business for nineteen years prior to Richards' death. They had entered into a written partnership agreement, which was in effect at the time of Richards' death. That agreement provided for dissolution in...

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