STARKER v. UNITED STATES

No. 77-2826.

602 F.2d 1341 (1979)

T. J. STARKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

August 24, 1979.


Attorney(s) appearing for the Case

Charles P. Duffy, Duffy, Georgeson, Kelel & Benner, Portland, Ore., on brief for appellant.

Francis J. Gould, Atty., Dept. of Justice, Washington, D. C., for appellee; M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C., on brief.

Before GOODWIN and ANDERSON, Circuit Judges, and JAMESON, District Judge.


GOODWIN, Circuit Judge:

T. J. Starker appeals from the dismissal, on stipulated facts, of his tax refund action. We affirm in part and reverse in part.

I. FACTS

On April 1, 1967, T. J. Starker and his son and daughter-in-law, Bruce and Elizabeth Starker, entered into a "land exchange agreement" with Crown Zellerbach Corporation (Crown). The agreement provided that the three Starkers would convey to Crown all their interests in 1,843 acres of timberland...

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