MAINS v. UNITED STATES

No. 74-1469.

508 F.2d 1251 (1975)

Donald L. MAINS and Joyce G. Mains, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. F. E. GOODING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

January 13, 1975.


Attorney(s) appearing for the Case

H. Thompson Nicholas, Jr., Cincinnati, Ohio, Bruce W. Powell, Powell & Powell, Columbus, Ohio, for plaintiffs-appellants.

William W. Milligan, U. S. Atty., Columbus, Ohio, Scott P. Crampton, Meyer Rothwacks, Gilbert Andrews, Gary R. Allen, Louis Bradbury, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WEICK and ENGEL, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


WEICK, Circuit Judge.

The suits in the District Court were for refund of federal income taxes paid for the year 1966 by taxpayers Donald L. and Joyce G. Mains, in the amount of $8,025.01, plus interest, and by taxpayer F. E. Gooding in the amount of $105,578.64, plus interest. Claims for refund had been timely filed and were disallowed.

The cases were consolidated for trial and were heard by the District Court without a jury. The District Court, in a written...

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