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REYNOLDS v. McMURRAY

No. 1122.

77 F.2d 740 (1935)

REYNOLDS v. McMURRAY.

Circuit Court of Appeals, Tenth Circuit.

May 13, 1935.

Attorney(s) appearing for the Case

F. W. Dewart, Sp. Asst. to Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., Sewall Key and John MacC. Hudson, Sp. Assts. to Atty. Gen., and Carl L. Sackett, U. S. Atty., of Cheyenne, Wyo., on the brief), for appellant.

A. W. McCollough, of Laramie, Wyo. (N. E. Corthell and M. E. Corthell, both of Laramie, Wyo., on the brief), for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and VAUGHT, District Judge.

VAUGHT, District Judge.

This action was brought to recover alleged overpayments of income taxes, with interest, for the years 1920, 1922, and 1924. Trial by jury was waived and the cause tried to the court. Judgment was entered in favor of the taxpayer, and an appeal followed. This court, in Reynolds v. McMurray (C. C. A. 10) 60 F.2d 843, 845, reversed the judgment and remanded the cause for a new trial. The court there said:

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