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ALLISON v. UNITED STATES

Appeal No. 158-78.

701 F.2d 933 (1983)

James E. and Frances J. ALLISON, Appellees, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

March 7, 1983.

Attorney(s) appearing for the Case

Jay G. Philpott, Jr., Washington, D.C., argued for appellant. With him on the briefs were Glenn L. Archer, Jr., Asst. Atty. Gen., and Theodore D. Peyser, Jr., Washington, D.C.

Robert I. White, Houston, Tex., argued for appellees. On the brief were Larry A. Campagna, George A. Hrdlicka and Chamberlain, Hrdlicka, White, Johnson & Williams, Houston, Tex.

Before DAVIS, BENNETT and NIES, Circuit Judges.

DAVIS, Circuit Judge.

The Government appeals the judgment of the United States Claims Court,* which granted plaintiffs recovery of amounts which they had been required to pay by the Internal Revenue Service (IRS) as additional federal income taxes and deficiency interest for 1970. We reverse.

Taxpayer-plaintiff James E. Allison of Houston, Texas, invested in 1970 $10,459 in the R. Ashland...

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