No. 72-1357. Summary Calendar.

466 F.2d 11 (1972)

Kenneth Poy LEE and Chow Joy Lee, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 6, 1972.

Attorney(s) appearing for the Case

H. M. Ray, U.S. Atty., Oxford, Miss., Scott P. Crampton, Asst. Atty. Gen., Jack D. Warren, Meyer Rothwacks, Attys., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

James P. Knight, Jr., Jackson, Miss., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

GOLDBERG, Circuit Judge:

This is an appeal by the government from an adverse ruling on taxpayers' suit to harvest a refund of taxes paid under protest. Using "net worth statements" to demonstrate an unexplained flowering of taxpayers' wealth, the government sought to show that the luxuriating of financial seedlings into larger plants was attributable to the receipt of unreported monetary nutrients.1 In order to avoid a statute of limitations...


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