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CONSIDINE v. UNITED STATES

No. 271-79T.

645 F.2d 925 (1981)

Thalia Kelly CONSIDINE and Charles Ray Considine v. The UNITED STATES.

United States Court of Claims.

As Amended April 21, 1981.

Attorney(s) appearing for the Case

Nola McLane, Phoenix, Ariz., for plaintiffs; William Lee McLane, Phoenix, Ariz., attorney of record. McLane & McLane, Phoenix, Ariz., of counsel.

Donald P. Lan, Jr., Washington, D. C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant. Theodore D. Peyser and Robert S. Watkins, Washington, D. C., of counsel.

Before DAVIS, Judge, SKELTON, Senior Judge, and SMITH, Judge.

ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

Charles Ray Considine and Thalia Kelly Considine seek a refund of ordinary income taxes and of tax fraud penalties they paid to the Internal Revenue Service for 1966 and 1967. The major problem is whether this civil refund proceeding is controlled at all by Charles Considine's previous federal conviction for filing false returns for those years...

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