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McCURDY v. UNITED STATES

No. 72-1063.

467 F.2d 285 (1972)

Charles F. McCURDY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 28, 1972.

Attorney(s) appearing for the Case

Daniel B. Rosenbaum, Washington, D. C., for appellant; Scott P. Crampton, Asst. Atty. Gen., Daniel B. Rosenbaum, Meyer Rothwacks, Thomas L. Stapleton, Tax Div., Dept. of Justice, Washington, D. C., on brief; Wm. W. Milligan, U. S. Atty., Cincinnati, Ohio, of counsel.

Wm. R. Hardy, for appellee; Steven F. Williams, Graydon, Head & Ritchey, Cincinnati, Ohio, on brief.

Before WEICK, EDWARDS and CELEBREZZE, Circuit Judges.

EDWARDS, Circuit Judge.

This appeal involves a taxpayer's suit to recover taxes paid as a result of a redetermination of his taxes by the Commissioner of Internal Revenue. It was tried before a District Judge and jury in the Southern District of Ohio and resulted in a verdict in favor of the taxpayer in the sum of $22,826.57 for income taxes paid and interest due thereon for the taxable year of 1960.

The government appeals from that jury award. The United...

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