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BROOKE v. UNITED STATES

No. 25069.

468 F.2d 1155 (1972)

C. P. and Helen BROOKE, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 26, 1972.

Attorney(s) appearing for the Case

Grant W. Wiprud, Atty. (argued), Lee A. Jackson, Janet R. Spragens, Attys., Johnnie M. Walters, Asst. Atty. Gen., Washington, D. C., Otis L. Packwood, U. S. Atty., Butte, Mont., for defendant-appellant.

John R. McInnis, (argued), of Garlington, Lohn & Robinson, Missoula, Mont., for plaintiffs-appellees.

Before ELY and WRIGHT, Circuit Judges, and POWELL, District Judge.

POWELL, District Judge:

This suit seeks refund of federal income taxes paid in the years 1960, 1961 and 1962. The District Court entered judgment for the taxpayer on December 9, 1968, 292 F.Supp. 571 (1968). It amended the judgment on June 23, 1969, 300 F.Supp. 465 (1969). The United States has taken this appeal.

The taxpayer is a physician...

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