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DOLESE v. UNITED STATES

Nos. 77-1511 to 77-1513.

605 F.2d 1146 (1979)

Roger DOLESE and the Dolese Company, Transferees of Dolese Bros. Co., a dissolved corporation, Appellants, v. UNITED STATES of America, Appellee. The DOLESE COMPANY and Dolese Concrete Company (wholly-owned subsidiary of The Dolese Company), Appellants, v. UNITED STATES of America, Appellee. Roger DOLESE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 20, 1979.

Rehearing and Rehearing Denied October 10, 1979.

Attorney(s) appearing for the Case

Donald P. Moyers and John H. Conway, Jr., Tulsa, Okl., for appellants.

Murray S. Horwitz, Atty., Tax Div., Dept. of Justice, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and Grant W. Wiprud, Attys., Tax Div., Dept. of Justice, Washington, D. C., and John E. Green, U. S. Atty., Oklahoma City, Okl., with him, on brief), for appellee.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 10, 1979.

LOGAN, Circuit Judge.

These appeals arise out of suits brought by Roger Dolese, The Dolese Company, and Dolese Concrete Company, for refunds of federal income taxes and interest totaling altogether $1,533,755.38. The cases have been before this Court once previously. Dolese v. United States, 541 F.2d 853 (10th Cir. 1976). After remand the trial court entered summary...

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