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HUTTON v. UNITED STATES

No. 73-1623.

501 F.2d 1055 (1974)

Thomas H. HUTTON and Betty Hutton, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 5, 1974.

Attorney(s) appearing for the Case

Wesley Filer, Tax Div., Dept. of Justice, for defendant-appellant; Scott P. Crampton Asst. Atty. Gen., Meyer Rothwacks, William A. Friedlander, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief; Thomas F. Turley, Jr., U. S. Atty., of counsel.

Charles P. Cobb, Memphis, Tenn., for plaintiffs-appellees; Dale Woodall, Evans, Petree, Cobb & Edwards, Memphis, Tenn., on brief.

Before MILLER, LIVELY and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

In this case the government appeals from a judgment of the United States District Court for the Western District of Tennessee, refunding to taxpayer plaintiffs Thomas H. Hutton and Betty Hutton $36,872.66 in federal income taxes and interest which the trial court found had been improperly assessed against them for the years 1964-1966.1 The basis for the refund was the trial court's determination that certain payments...

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