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FREESE v. UNITED STATES

No. 71-1193.

455 F.2d 1146 (1972)

M. Lloyd FREESE and Dorothy M. Freese, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 10, 1972.

Attorney(s) appearing for the Case

E. John Eagleton and John M. Freese, Tulsa, Okl., for plaintiffs-appellants.

Issie L. Jenkins, Atty., Tax Division, Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Paul M. Ginsburg and Jane M. Edmisten, Attys., Tax Division, Dept. of Justice, Washington, D. C., Nathan G. Graham, U. S. Atty., Tulsa, Okl., of counsel, Robert P. Santee, Asst. U. S. Atty., Tulsa, Okl., and Ben Douglas and William W. Guild, Attys., Tax Division, Dept. of Justice, Fort Worth, Tex., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This cause is a tax refund suit in which Dorothy M. Freese, as executrix of the estate of M. Lloyd Freese, deceased, seeks to recover income taxes and interest in the total amount of $234,190.27. The action revolves around a lump sum payment totaling $555,000 received by M. Lloyd Freese in 1965, pursuant to a contract of compromise and settlement. The demand of plaintiff represents the difference between ordinary income on which the...

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