LUNDGAARD v. UNITED STATES

Civ. A. No. KC-3279.

346 F.Supp. 1351 (1972)

Linsley L. and Jane L. LUNDGAARD, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

July 11, 1972.


Attorney(s) appearing for the Case

John W. Breyfogle, Jr., Breyfogle, Gardner, Martin, Davis & Kreamer, Olathe, Kan., for plaintiffs.

Robert J. Roth, U. S. Atty., Kansas City, Kan., Robert S. Milligan, Trial Atty., Tax Div., Refund Trial Section No. 3, Dept. of Justice, Washington, D. C., for defendant.


MEMORANDUM OPINION

O'CONNOR, District Judge.

This is an action for the recovery of federal income taxes and assessed interest alleged to have been overpaid by plaintiffs for the calendar year 1966, in the amount of $1,761.69, plus statutory interest thereon. The facts as stipulated by the parties may be summarized as follows:

Linsley L. Lundgaard, co-plaintiff, and his former spouse, Gail A. Lundgaard, were married on May 13, 1950, in Kansas City...

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