EMORY v. UNITED STATES

No. 73-1547.

490 F.2d 208 (1974)

Charles M. EMORY, Jr., and Johnnie K. Emory, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1974.


Attorney(s) appearing for the Case

Perry Shields, Knoxville, Tenn., on brief, for plaintiffs-appellants.

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Crombie J. D. Garrett, Murray S. Horwitz, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief, for defendant-appellee; John L. Bowers, Jr., U. S. Atty., of counsel.

Before EDWARDS, CELEBREZZE and MILLER, Circuit Judges.


PER CURIAM.

This is an appeal from the denial of a tax refund sought by taxpayers in a suit in the United States District Court for the Eastern District of Tennessee. The years in question are 1965, 1966 and 1967, and the income (in the amount of $49,515.78) which the Commissioner had required to be taxed to appellants represented 25% of the profits of a construction business which had been operated as a partnership between Charles Emory and David Richards, until...

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