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SCOFIELD v. MAURITZ

No. 14372.

206 F.2d 135 (1953)

SCOFIELD v. MAURITZ et al.

United States Court of Appeals Fifth Circuit.

July 10, 1953.

Attorney(s) appearing for the Case

Carlton Fox, and Ellis N. Slack, Sp. Assts. to Atty. Gen., Charles S. Lyon, Acting Asst. Atty. Gen., C. F. Herring, U. S. Atty., Bradford F. Miller, Asst. U. S. Atty., San Antonio, Tex., H. Brian Holland, Asst. Atty. Gen., for appellant.

Homer L. Bruce, Thomas E. Berry and P. R. Rowe, Houston, Tex., Baker, Botts, Andrews & Parish, Houston, Tex., of counsel, for appellee.

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

HUTCHESON, Chief Judge.

Consolidated for trial and appeal as Civil Action No. 1418, the three suits were for the recovery of income taxes overpaid for the taxable years 1942 to 1945, inclusive, on account of deficiencies assessed against plaintiffs,1 as the result of the commissioner's action in allocating to the three brothers Mauritz and their wives income which had been allocated to, and returned by, the brothers as trustees of trusts...

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