McKAY v. UNITED STATES

No. 74-3169.

510 F.2d 579 (1975)

John G. McKAY, Jr., et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 31, 1975.


Attorney(s) appearing for the Case

Kenneth F. Claussen, Miami, Fla., for plaintiffs-appellants.

Robert W. Rust, U. S. Atty., Robert Reynolds, Lawrance B. Craig, III, Asst. U. S. Attys., Miami, Fla., Jay R. Weill, Tax Div., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Acting Chief, Appellate Sec., Leonard J. Henzke, Jr., William S. Estabrook, III, U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.


PER CURIAM.

The taxpayers in this suit to recover income taxes paid on income derived from estate assets attributable to a widow's dower portion of the estate collected after a deficiency assessment by the Commissioner of Internal Revenue appeal from a judgment against them by the district court.

We affirm on the basis of the district court's opinion. In its Finding of Fact number eight the district court found that a prior suit by the widow to recover federal...

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