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UNITED STATES v. BARRET

No. 14177.

202 F.2d 804 (1953)

UNITED STATES v. BARRET et al.

United States Court of Appeals Fifth Circuit.

April 2, 1953.

Attorney(s) appearing for the Case

Louise Foster, Sp. Asst. to Atty. Gen., Ellis N. Slack, Acting Asst. Atty. Gen., and Wm. J. Fleniken, U. S. Atty., Shreveport, La., Charles S. Lyon, Asst. Atty. Gen., A. F. Prescott and William L. Norton, Jr., Sp. Assts. to Atty. Gen., for appellant.

Charles D. Egan, Shreveport, La., for appellees.

Before HUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.

STRUM, Circuit Judge.

The United States appeals from a judgment for the taxpayer in a suit to recover an alleged overpayment of income taxes for the year 1946.

One of the appellees, William M. Barret, is the owner of a large Colonial-type residence, situate on one of the superior residential streets in Shreveport, Louisiana, upon a plot of ground containing more than three acres. This plot was artistically and symmetrically landscaped with many varieties of...

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