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MacKAY v. UNITED STATES

No. 73-1915.

503 F.2d 591 (1974)

Dewey C. MacKAY et al., Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 23, 1974.

Attorney(s) appearing for the Case

Richard Farber, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Bennet N. Hollander, Attys., Washington, D.C., C. Nelson Day, U.S. Atty. for the District of Utah, Salt Lake City, Utah, of counsel), for appellant.

Michael Gottfredson, Salt Lake City, Utah (Nielsen, Conder, Hansen & Henriod, and Arthur H. Nielsen, Salt Lake City, Utah, of counsel), for appellees.

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

MOORE, Circuit Judge:

United States of America (the government) appeals from a judgment awarding plaintiffs the sum of $8,669.22 plus interest allegedly erroneously assessed and collected by the government for their taxable year 1967. Jurisdiction exists through 28 U.S.C. § 1291.

No opinion was written by the court below. At the close of the testimony, the district court merely said: "The judgment in this case will be for the doctors and against the United...

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