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FOYT v. UNITED STATES

No. 76-3928 Summary Calendar.

561 F.2d 599 (1977)

Anthony J. FOYT, Jr., and Lucy A. Foyt, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Ann W. CHILDS, Etc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 1977.

Attorney(s) appearing for the Case

Michael R. Waller, Houston, Tex., for plaintiffs-appellants.

James R. Gough, U. S. Atty., Houston, Tex., Richard W. Perkins, Atty., Scott P. Crampton, Asst. Atty. Gen., Jeffrey S. Blum, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., Gilbert E. Andrews, Act. Chief, App. Section, Myron C. Baum, Act. Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for U. S.

Before THORNBERRY, CLARK, and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Plaintiffs filed these consolidated suits to recover income taxes and statutory interest paid or allegedly owing for the tax years 1969 and 1970. The first suit (hereinafter referred to as the Square 173 suit) concerns taxes paid for the years 1969 and 1970 by appellants Leonard H. Childs, deceased, Ann W. Childs, Anthony J. Foyt, Jr., and Lucy A. Foyt. The second suit (hereinafter referred to as the Bradco suit) concerns taxes paid for...

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