SHIPLEY v. UNITED STATES

No. 77-1140.

608 F.2d 770 (1979)

Albert L. SHIPLEY, Jr. and Evelyn Needham, formerly Shipley, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 20, 1979.


Attorney(s) appearing for the Case

Gayle P. Miller, Tax Div., Washington, D. C., on brief; Timothy R. Nibler, Lerrigo, Thuesen, Walters, Nibler & Hedrick, Fresno, Cal., for plaintiffs-appellants.

David English Carmack, Tax Div., Washington, D. C., for defendant-appellee.

Before BARNES, TRASK and HUG, Circuit Judges.


HUG, Circuit Judge:

Appellants seek review of the dismissal by the district court of their suit for refund of Federal income taxes. The refund is claimed under 26 U.S.C. § 1341, which allows a credit when a taxpayer receives income under claim of right in one year and is required to repay it in a later year, the credit being allowed in the year of repayment.

The appellants received a sum of money in 1967, which they treated as a gift and did not report...

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