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HOGAN v. UNITED STATES

No. 74-1379.

513 F.2d 170 (1975)

George J. HOGAN and Marian M. Hogan, Plaintiff-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

March 18, 1975.

Attorney(s) appearing for the Case

Patrick J. Regan, Regan, Sargent, Klenda, McGannon, Paup & Glickman, James J. McGannon, Wichita, Kan., for appellant.

Ralph B. Guy, Jr., U.S. Atty., Detroit, Mich., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Chief, Appellate Section, Ernest J. Brown, Jonathan S. Cohen, Donald H. Olson, Tax Div., Dept. of Justice, Washington, D.C., for appellee.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal from dismissal of a suit for refund of federal taxes paid for the tax year 1968 by a federal Civil Service employee.1 He seeks return of taxes he was required to pay upon the percentage of his salary (6.5%) which was deducted in the year in question and credited in his name to the Civil Service Retirement and Disability Fund, 5 U.S.C. § 8334(a) and § 8348 (1970).

The statute provides...

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